153 N.C. App. 618 - Coffman v. Roberson’s Empirical Analysis

Citation profile

50 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(d) The following expenses, when incurred, are also assessable or recoverable, as the case may be: (1) Witness fees, as provided by law. (2) Jail fees, as provided by law. (3) Counsel fees, as provided by law. (4) Expense of service of process by certified mail and by publication. (5) Costs on appeal to the superior court, or to the appellate division, as the case may be, of the original transcript of testimony, if any, insofar as essential to the appeal. (6) Fees for personal service and civil process and other sheriffs fees, as provided by law. Fees for personal service by a private process server may be recoverable in an amount equal to the actual cost of such service or fifty dollars ($50.00), whichever is less, unless the court finds that due to difficulty of service a greater amount is appropriate. (7) Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fee of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary. (8) Fees of interpreters, when authorized and approved by the court. (9) Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. (e) Nothing in this section shall affect the liability of the respective parties for costs as provided by law.”

   2 later decisions quote this exact passage
   e.g. 160 N.C. App. 461 - Department of Transportation v. Charlotte Area Manufactured Housing, Inc. · 187 N.C. App. 433 - Vaden v. Dombrowski

2. ““[C]osts which are not allowed as a matter of course under G.S. § 6-18 or § 6-19 . . . may be allowed in the discretion of the court under G.S. § 6-20. . . .” Thus, costs which are to be taxed under Rule 41(d) may also include those costs allowable under N.C. Gen. Stat. § 6-20 . “N.C. Gen. Stat. § 6-20 provides that in those civil actions not enumerated in § 6-18, ‘costs may be allowed or not, in the discretion of the court, unless otherwise provided by law.’ ” The negligence action voluntarily dismissed by plaintiff sub judice is not one of the actions enumerated in §§ 6-18 or 6-19, thus it falls within the scope of N.C. Gen. Stat. § 6-20 . The trial court’s discretion to tax costs pursuant to N.C. Gen. Stat. § 6-20 is not reviewable on appeal absent an abuse of discretion. “While case law has found that deposition costs-are allowable under section 6-20, it has in no way precluded the trial court from taxing other costs that may be ‘reasonable and necessary.’ ””

   1 later decision quote this exact passage
   e.g. 160 N.C. App. 511 - Cosentino v. Weeks

3. “In any action for damages for personal injury or death arising out of the furnishing or the failure to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.”

   1 later decision quote this exact passage
   e.g. Crocker v. Roethling