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← 136 N.C. App. 465 - Royal v. Armstrong

136 N.C. App. 465 - Royal v. Armstrong’s Empirical Analysis

2000

Citation profile

17
cited by 17 later decisions
2
states following
August 2017
most recently cited

17 state decisions

Relationships

Relies on Kessing v. National Mortgage Corporation · Caldwell v. Deese · Nelson v. Freeland · Camalier v. Jeffries · 72 N.C. App. 419 - J. M. Thompson Co. v. Doral Manufacturing Co.

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.

  1. “It does not appear to us unreasonable for a parent to delegate the pool-side duties to another equally capable individual. In the case at bar, [the Armstrongs] left the children in the care of two able-bodied adults with no physical handicaps that would prevent them from rescuing a child in trouble. Mrs. Armstrong specifically asked the Burtons to watch the children before she went inside to work on the food. By doing so, she entrusted her own three children, who were among those playing in and around the pool, to the care of the Burtons. Moreover, the Burtons' son was the guest of honor, and the record suggests that other Burton children also may have attended the party; consequently, the Burtons had ample incentive to monitor the swimmers closely. Defendants were readily accessible should trouble arise, and, in fact, Mr. Armstrong was able to help Mr. Burton administer CPR. All the evidence indicates that defendants reasonably delegated supervision duties to the Burtons, while no evidence indicates that the delegation was negligent. Therefore, [the Armstrongs] were not negligent in delegating the duty of attending the swimmers to the Burtons.”
    1 later decision quote this exact passage · from the majority
  2. “[t]he amount of care due a student increases with the student’s immaturity, inexperience, and relevant physical limitations. Day care providers, however, cannot be expected to anticipate the myriad of unexpected acts which occur daily in and about schools, and are not insurers of the safety of the children in their care. The foreseeability of harm to pupils in the class or at the school is the test of the extent of the [day care provider’s] duty to safeguard her pupils from dangerous acts of fellow pupils....”
    1 later decision quote this exact passage · from the majority
  3. “[T]he substitution of a ‘reasonable care’ standard for earlier distinctions between the duties a host owed to invitees and to licensees in determining premises liability does not mean that summary judgment is inappropriate where, as a matter of law, “there are no genuine issues of material fact and the plaintiff fails to show one of the elements of negligence.””
    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.