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← 116 N.C. App. 124 - Spivey v. Lowery

116 N.C. App. 124 - Spivey v. Lowery’s Empirical Analysis

1994

Citation profile

28
cited by 28 later decisions
2
states following
July 2007
most recently cited

26 state decisions

Relationships

Relies on Silvers v. Horace Mann Insurance · 51 N.C. App. 264 - Cunningham v. Brown · 83 N.C. App. 428 - Buchanan v. Buchanan · 92 N.C. App. 708 - McGladrey, Hendrickson & Pullen v. Syntek Finance Corp. · Bradshaw v. Administrative Office of the Courts

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “all other persons, firms, corporations, associations or partnerships of and from any and all claims of action, demands, rights, [and] damages . . . whatsoever, which the undersigned now has ... or which may hereafter accrue ... [as a result of] the accident . . . which occurred on or about the 17th day of October, 1989, at or near Laurinburg, N.C.”
    1 later decision quote this exact passage
  2. “[B]ecause plaintiff signed a general release, plaintiff may not assert any claims arising out of the accident. Furthermore, notwithstanding the fact that plaintiff signed a general release, since plaintiff released the tortfeasor, Lowery, plaintiff may not assert a claim against Hartford because of the derivative nature of Hartford’s liability.”
    1 later decision quote this exact passage
  3. “liability is derivative of the tortfeasor's liability,”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.