124 N.C. App. 128 - Jacobsen v. McMillan’s Empirical Analysis
1996
Citation profile
15 state decisions
How this case has been cited
Cited by 17 later decisions — most recently August 2016
15 state decisions
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 Burgess v. Your House of Raleigh, Inc. · Bryant v. Nationwide Mutual Fire Insurance · Anderson Ex Rel. Anderson v. Butler · Clark v. Brown · 7 N.C. App. 532 - State v. Martin
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is competent to give evidence regarding the amount of such charges, provided that records or copies of such charges accompany such testimony. The testimony of such a person establishes a rebuttable presumption of the reasonableness of the amount of the charges.”
3 later decisions quote this exact passage“The Plaintiff may also be entitled to recover actual damages. On this issue, the burden of proof is on the Plaintiff. This means that the Plaintiff must prove by the greater weight of the evidence the amount of actual damages proximately caused by the negligence of the Defendant, Jason Lee Jeremiah. Actual damages are the fair compensation to be awarded to the person for any past, present or future injury proximately caused by the negligence of another. The total of all damages are to be awarded in one lump sum. Such damages may include medical expenses, loss of earnings, pain and suffering, and permanent injury. I would now explain the law of damages as it relates to each of these. Medical expenses includes all hospital, doctor, chiropractic, physical therapy and drug bills reasonably paid or incurred by the Plaintiff as a proximate result of the negligence of the Defendant.. . . Members of the jury, if you reach th[e] issue [of damages], I want to caution you that you’re not to mention, discuss or consider in any respect any matter that is not in evidence in this case which did not arise as a reasonable inference from the evidence in this case in arriving at the amount of damages you award. This is most important because your consideration of such matters would have to be based on speculation, and might well be inaccurate and could result in an injustice to one party or the other. Also, for you to consider or speculate on any matter not in evidence or not reasonable [sic] i”
1 later decision quote this exact passage“when plaintiff proffers the evidence required by section 8-58.1, the finder-of-fact must find the total amount of the alleged medical charges is reasonable, unless defendant carries its burden of going forward by rebutting the presumed fact of reasonableness. Nonetheless, to recover medical expenses plaintiff bears the ultimate burden of proving “both that the medical attention [plaintiff] received was reasonably necessary for proper treatment of [plaintiffs] injuries and that the charges made were reasonable in amount.” Put simply, an aggrieved party must satisfy a two-prong test — the claimed medical charges were (1) reasonably necessary, and (2) reasonable in amount. . . . The medical expenses presumption does not, however, operate to preclude the jury from finding that [plaintiffs] medical expenses were not reasonably necessary for the proper treatment of his injuries. In fact, to hold otherwise would infringe on the unassailable right of the jury to weigh evidence and assess the credibility of witnesses.”
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.