192 N.C. App. 544 - Carl v. State’s Empirical Analysis
2008
Citation profile
19 state decisions
How this case has been cited
Cited by 30 later decisions — most recently September 2022 · most notably 225 N.C. App. 583 - Richmond County Board of Education v. Cowell (2013), Sandhill Amusements, Inc. v. Sheriff of Onslow County (2014)
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Corum v. University of North Carolina · In re Whitaker · Smith v. State · Whitfield v. Gilchrist · Vogel v. Reed Supply Company
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A right of indemnity implied in fact stems from the existence of a binding contract between two parties that necessarily implies the right. The implication is derived from the relationship between the parties, circumstances of the parties’ conduct, and that the creation of the indemnitor/indemnitee relationship is derivative of the contracting parties’ intended agreement, [citations omitted] In order to establish such a right to indemnity, this Court has required a plaintiff to show special circumstances from which such an agreement might be implied. See, e.g., McDonald [v. Scarboro], 91 N.C.App. 13 , 370 S.E.2d 680 [ (1988) ] (holding that a defendant had submitted sufficient evidence to establish the existence of an implied-in-fact contract for indemnity with respect to attorney’s fees where another defendant had orally agreed to provide him with an attorney in the event he was sued by plaintiff for breach of contract).”
1 later decision quote this exact passage · from the majority“a plaintiff must be allowed to pursue claims for the same alleged wrong under both the constitution and state law where one could produce only equitable relief and the other could produce only monetary damages. . . .”
1 later decision quote this exact passage · from the majority“contract implied in law is a quasi contract, which may result either from a tortious wrong, as in our case, or from one that is contractual”
1 later decision quote this exact passage · from the majority
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.