132 N.C. App. 323 - Horner v. Byrnett’s Empirical Analysis
1999
Citation profile
19 state decisions
How this case has been cited
Cited by 24 later decisions — most recently April 2019
19 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 Abels v. Renfro Corp. · 88 N.C. App. 484 - Blow v. Shaughnessy · 101 N.C. App. 529 - Hawkins v. Hawkins · 131 N.C. App. 168 - Norman Owen Trucking, Inc. v. Morkoski · Hawkins v. Hawkins
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Criminal conversation ... does not require a showing of malice. For this tort, the question is not whether the plaintiff has shown malice beyond what is needed to establish the tort, but what evidence suffices to show the kind of reckless conduct justifying punitive damages. In fact, the appellate cases prove that the sexual intercourse that is necessary to establish the tort also supports an award of punitive damages: as long as there is enough evidence of criminal conversation to go to the jury, the jury may also consider punitive damages[.] ... [W]hen the plaintiff proves sexual relations between the defendant and spouse, then it seems to take little else to establish both the tort and the right to punitive damages."”
1 later decision quote this exact passage“the same sexual misconduct necessary to establish the tort of criminal conversation may also sustain an award of punitive damages.”
1 later decision quote this exact passage“`excessively disproportionate to the circumstances of contumely and indignity present in the case.'”
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.