139 N.C. App. 500 - Nealy v. Green’s Empirical Analysis

Citation profile

24 state decisions

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. “the evidence, when viewed in the light most favorable to the plaintiff, will support a reasonable inference of each essential element of the doctrine,”

   3 later decisions quote this exact passage
   e.g. 243 N.C. App. 548 - Scheffer v. Dalton · 189 N.C. App. 530 - Dotson v. Davis

2. “(1) The pedestrian’s contributory negligence placed him in a position of helpless or inadvertent peril, or subjected him to a risk of harm, from which, immediately preceding the accident, he was unable to escape or avoid by the exercise of reasonable care; (2) The motorist discovered, or by the exercise of reasonable care could have discovered, the pedestrian’s position and his incapacity to escape from it before the endangered pedestrian suffered injury at his hands; (3) The motorist had the time and means to avoid injury to the endangered plaintiff by the exercise of reasonable care after he discovered, or should have discovered, the pedestrian’s position; and (4) The motorist negligently failed to use the available time and means to avoid injury to the endangered pedestrian.”

   2 later decisions quote this exact passage
   e.g. Overton v. Purvis · 144 N.C. App. 57 - Womack v. Stephens

3. “Given defendant’s duty to maintain a proper lookout and the circumstances that the area was well-lighted, the weather was clear, the road was straight, there were no obstructions in the road, and that defendant himself testified that his visibility and vision had not been affected by the passing of two trucks traveling in the opposite direction, a jury might reasonably conclude that defendant had the time ... to avoid the injury to the plaintiff by the exercise of reasonable care after [he] . . . should have discovered plaintiffs perilous position.”

   1 later decision quote this exact passage
   e.g. Privett v. Yarborough