161 N.C. App. 237 - Cox v. Steffes’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Coffman v. W. Earl Roberson, M.D., RA., 153 N.C. App. 618, 624-25 , 571 S.E.2d 255, 259 (2002), disc. review denied, 356 N.C. 668 , 577 S.E.2d 111 (2003), this Court held that a doctor’s testimony regarding standard of care was sufficient when the doctor testified generally that he was familiar with the standard of care in communities similar to Wilmington, that he based his opinion on Internet research regarding the hospital, and that he knew the hospital was a sophisticated training hospital. See also Leatherwood v. Ehlinger, 151 N.C. App. 15, 22-23 , 564 S.E.2d 883, 888 (2002) (reversing directed verdict when plaintiffs’ expert specifically testified that he had knowledge of the standards of care in Asheville and similar communities because of his practice in communities of similar size to Asheville and because he had attended rounds as a medical student in the Asheville hospital at issue), disc. review denied, 357 N.C. 164 , 580 S.E.2d 368 (2003).”

   1 later decision quote this exact passage
   e.g. 167 N.C. App. 194 - Pitts v. Nash Day Hospital, Inc.

2. “With respect to his knowledge of communities similar to Fayetteville, he explained that he was board-certified in general surgery (like Dr. Steffes) and had practiced at a Level 2 hospital in Reading, Pennsylvania. Dr. Donnelly expressed his belief that Cape Fear was also a Level 2 hospital; Dr. McGuire confirmed that fact. Dr. McGuire also confirmed that the standard of care at his Level 2 hospital in Asheville was the same as the standard of care at Cape Fear. In addition, Dr. Donnelly's and Dr. McGuire's testimony together supported the conclusion that the Reading hospital's size was comparable to that of Cape Fear. Dr. Donnelly also more specifically expressed his view that Reading was similar to Fayetteville with respect to board-certified physicians, sophisticated lab services, x-ray departments, anesthesia services, hospital certification, and access to specialists.”

   1 later decision quote this exact passage
   e.g. 184 N.C. App. 377 - Crocker v. Roethling

3. “When a motion is made for directed verdict at the close of the plaintiff’s evidence, the trial court may either rule on the motion or reserve its ruling on the motion. By offering evidence, however, a defendant waives its motion for directed verdict made at the close of plaintiff’s evidence. Accordingly, if a defendant offers evidence after making a motion for directed verdict, “any subsequent ruling by the trial judge upon defendant’s motion for directed verdict must be upon a renewal of the motion by the defendant at the close of all the evidence, and the judge’s ruling must be based upon the evidence of both plaintiff and defendant.””

   1 later decision quote this exact passage
   e.g. 173 N.C. App. 614 - Boggess v. Spencer