165 N.C. App. 261 - Kummer v. Lowry’s Empirical Analysis
2004
Citation profile
8
cited by 8 later decisions
1
states following
July 2011
most recently cited
8 state decisions
Relationships
Relies on In Re the Will of Buck · Cox v. Hennis Freight Lines · Bell v. Maxwell · 87 N.C. App. 591 - Garrison v. Garrison · 51 N.C. App. 500 - Seaman v. McQueen
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because `the trial court has directly observed the evidence as it was presented and the attendant circumstances, as well as the demeanor and characteristics of the witnesses,' a trial court's ruling on a motion for new trial is given great deference.”
2 later decisions quote this exact passage“This Court applies an abuse of discretion standard of review when reviewing the denial of a motion for new trial. Garrison v. Garrison, 87 N.C. App. 591, 594 , 361 S.E.2d 921, 923 (1987). Atrial court’s discretionary decision to deny or grant a new trial may be reversed on appeal “only when the record affirmatively demonstrates a manifest abuse of discretion.” Id. This Court must determine whether the verdict represents an injustice and is against the greater weight of the evidence. See In re Will of Buck, 350 N.C. 621 , 516 S.E.2d 858 (1999). Because “the trial court has directly observed the evidence as it was presented and the attendant circumstances, as well as the demeanor and characteristics of the witnesses,” a trial court’s ruling on a motion for new trial is given great deference. Id. at 628 , 516 S.E.2d at 863 .”
1 later decision quote this exact passage““The duty of a driver at a street intersection to maintain a lookout and to exercise reasonable care under the circumstances is not relieved by the presence of electrically controlled traffic signals, which are intended to facilitate traffic and to render crossing less dangerous. He cannot go forward blindly even in reliance on traffic signals. [”]”
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.