25 N.C. App. 472 - Sims v. Rea Construction Co.’s Empirical Analysis

Citation profile

5 federal appellate · 4 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right of action for wrongful death is purely statutory. Graves v. Welborn, 260 N.C. 688 , 133 S.E. 2d 761 (1963). In North Carolina, an administrator appointed by the court of another state may not maintain an action for wrongful death occurring in North Carolina. Monfils v. Hazlewood, 218 N.C. 215 , 10 S.E. 2d 673 (1940), cert. denied 312 U.S. 684 . The commencement of a wrongful death action by a foreign administrator in North Carolina will not operate to bar the running of the applicable two-year statute of limitations set forth in G.S. 1-53, such action being a nullity and subject to dismissal. Merchants Distributors v. Hutchinson and Lewis v. Hutchinson, 16 N.C. App. 655 , 193 S.E. 2d 436 (1972). Since no attempt was made to qualify a resident administrator until after expiration of the statute of limitations set forth in G.S. 1-53(4), substitution of the resident administrator would not relate back and validate the present unathorized action. Johnson v. Trust Co., 22 N.C. App. 8 , 205 S.E. 2d 353 (1974). It follows that the trial court did not err in refusing to substitute the resident administrator as party plaintiff and did not err in granting defendant’s motion for summary judgment and for dismissal.””

   1 later decision quote this exact passage
   e.g. Burcl v. North Carolina Baptist Hospital, Inc.