141 N.C. App. 44 - Ward v. Beaton’s Empirical Analysis
2000
Citation profile
20 state decisions
Relationships
Relies on 131 N.C. App. 168 - Norman Owen Trucking, Inc. v. Morkoski · 67 N.C. App. 1 - Nationwide Mutual Insurance v. Edwards · 87 N.C. App. 438 - Mosley & Mosley Builders, Inc. v. Landin Ltd. · 46 N.C. App. 521 - Heist v. Heist · 59 N.C. App. 458 - Scott v. Kiker
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Failure to plead an affirmative defense ordinarily results in waiver of the defense. . . . [Respondent] neither pled nor tried the case on this theory[.] . . . Accordingly, she cannot now present it on appeal.”
3 later decisions quote this exact passage“In order for the question of punitive damages to be submitted to the jury, . . . there must be evidence of circumstances of aggravation beyond the proof of malice necessary to satisfy the elements of the tort to sustain a recovery of compensatory damages. Specific circumstances of aggravation include “willful, wanton, aggravated or malicious conduct.””
2 later decisions quote this exact passage“[T]here was evidence of other aggravating circumstances. Specifically, after forming a sexual relationship with plaintiff's husband, the defendant accompanied him when he returned his children to the custody of plaintiff. On a later date, the defendant appeared unannounced at the front door of the marital home, asking plaintiff if they could be friends. Again, about a week later, defendant arrived in the driveway of the marital home while plaintiff's husband was visiting his children, blowing the car horn for plaintiff's husband. The plaintiff walked outside and recognized the defendant, who subsequently drove away without Mr. Ward. We find this evidence of additional circumstances of aggravation sufficient to warrant submission of the punitive damages issue to the jury on plaintiff's claim for alienation of affections.”
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.