149 N.C. App. 613 - Moses v. Young’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The holding in Braswell was specifically limited to the facts in that case and to the issue of whether the sheriff negligently failed to protect the decedent. . . [W]e have never expanded the public duty doctrine to any local government agencies other than law enforcement departments when they are exercising their general duty to protect the public ....”

   2 later decisions quote this exact passage
   e.g. 170 N.C. App. 501 - Myers v. McGrady · 168 N.C. App. 310 - Lassiter v. Cohn

2. “There are two generally recognized exceptions to the public duty doctrine: (1) where there is a special relationship between the injured party and the police, for example, a state’s witness or informant who has aided law enforcement officers; and (2) “when a municipality, through its police officers, creates a special duty by promising protection to an individual, the protection is not forthcoming, and the individual’s reliance on the promise of protection is causally related to the injury suffered.””

   1 later decision quote this exact passage
   e.g. 168 N.C. App. 310 - Lassiter v. Cohn

3. “[the officer's] act of steering his vehicle into an occupied lane is not the type of "discretionary governmental action" shielded by the public duty doctrine. Clearly, [the officer] did not deliberately collide with decedent's vehicle after actively weighing the safety interests of the public. Rather, [the officer's] actions were accidental in nature and do not implicate an allocation of resources by the Town[.]”

   1 later decision quote this exact passage
   e.g. 257 N.C. App. 952 - Kelly v. Polk Cnty.