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← 120 N.C. App. 301 - Jones v. Kearns

120 N.C. App. 301 - Jones v. Kearns’s Empirical Analysis

1995

Citation profile

42
cited by 42 later decisions
2
states following
December 2012
most recently cited

2 federal appellate · 32 state decisions

How this case has been cited

Cited by 42 later decisions — most recently December 2012 · most notably Evans v. Chalmers (2012), Lyles v. City of Charlotte (1996)

2 federal appellate · 32 state decisions

210199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Corum v. University of North Carolina · Smith v. State · 96 So. 2d 130 - Hargrove v. Town of Cocoa Beach · Braswell v. Braswell · 112 N.C. App. 604 - Taylor v. Ashburn

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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) A county may contract to insure itself and any of its officers, agents, or employees against liability for wrongful death or negligent or intentional damage to person or property or against absolute liability for damage to person or property caused by an act or omission of the county or of any of its officers, agents, or employees when acting within the scope of their authority and the course of their employment.... Purchase of insurance pursuant to this subsection waives the county’s governmental immunity, to the extent of insurance coverage, for any act or omission occurring in the exercise of a governmental function. Participation in a local government risk pool pursuant to Article 39 [sic] [Article 23] of General Statute Chapter 58 shall be deemed to be the purchase of insurance for the purposes of this section .... (b) ... To the extent of the coverage of insurance purchased pursuant to subsection (a) of this section, governmental immunity may not be a defense to the action [authorized by this subsection]. . ..”
    1 later decision quote this exact passage
  2. “In determining whether an activity is governmental, our Supreme Court [has] explained the court must focus on the mission of the city’s employee who allegedly caused injury: “The mission of the town’s employee, out of which the alleged injury to the plaintiff arose, is the determining factor . . . not what such employee was called upon to do at other times and places, but what he was engaged in doing at the particular time and place alleged.””
    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.