148 N.C. App. 641 - Dawes v. Nash County’s Empirical Analysis

Citation profile

4 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) The paramedics who arrived on the scene failed to supply Ms. Hendricks with supplemental oxygen between 3:34 p.m. and 3:48 p.m. (b) The Valium, which was given to Ms. Hendricks, was given in too small of a dose to have the desired effect of helping the paramedics intubate Ms. Hendricks. (c) The paramedics made repeated attempts at intubation which greatly delayed Ms. Hendricks’ arrival at Nash General Hospital. (d) Defendant’s employees who cared for and treated Ms. Hendricks failed to exercise reasonable and ordinary care and diligence in the use of their skill and the application of their knowledge to Ms. Hendricks’ case. (e) Defendant’s employees who cared for and treated Ms. Hendricks failed to exercise their best judgment in the treatment and care of Ms. Hendricks. (f) Defendant’s employees who cared for and treated Ms. Hendricks failed to possess the required degree of learning, skill and ability necessary to the practice of their profession which others similarly situated normally possess. (g) Defendant was negligent in such other respects as may be shown at trial.”

   1 later decision quote this exact passage
   e.g. Dawes v. Nash County

2. ““In North Carolina the law on governmental immunity is clear.” [McIver, 134 N.C. App.] at 585, 518 S.E.2d at 524 . In the absence of some statute that subjects them to liability, the State, its municipalities, and the officers and employees thereof sued in their official capacities, are shielded from tort liability when discharging or performing a governmental function. See id.; Houpe v. City of Statesville, 128 N.C. App. 334, 340 , 497 S.E.2d 82 , 87 (1998). “Like cities, counties have governmental immunity when engaging in activity that is clearly governmental in nature and not proprietary.” McIver, 134 N.C. App. at 585 , 518 S.E.2d at 524 . This Court has previously held that “county-operated ambulance service is a governmental activity shielded from liability by governmental immunity.” Id. at 588 , 518 S.E.2d at 526 . Thus, Nash County would be entitled to governmental immunity from Plaintiff’s claim, unless Nash County has in some way waived its governmental immunity.”

   1 later decision quote this exact passage
   e.g. 155 N.C. App. 381 - Childs v. Johnson

3. “18. Hospital and Health Clinic Professional Liability To Personal Injury to any person arising out of the rendering of or failure to render any of the following professional services: a. medical, surgical, dental, or nursing treatment to such person or the person inflicting the injury including the furnishing of food or beverages in connection therewith; or b. furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. handling of or performing post-mortem examinations on human bodies; or d. service by any person as a member of a formal accreditation or similar professional board or committee participant, or as a person charged with the duty of executing directives of any such board or committee. ** However, this exclusion shall not apply to liability of county employed or county volunteer Emergency Medical Technicians.”

   1 later decision quote this exact passage
   e.g. Dawes v. Nash County