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← 132 N.C. App. 323 - Horner v. Byrnett

132 N.C. App. 323 - Horner v. Byrnett’s Empirical Analysis

1999

Citation profile

24
cited by 24 later decisions
2
states following
April 2019
most recently cited

19 state decisions

How this case has been cited

Cited by 24 later decisions — most recently April 2019

19 state decisions

180199920002010decided

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.

  1. “"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
  2. “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
  3. “`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.