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← 320 N.C. 38 - Gupton v. Builders Transport

Gupton v. Builders Transport’s Empirical Analysis

1987

Citation profile

41
cited by 41 later decisions
1
states following
September 2008
most recently cited

41 state decisions

How this case has been cited

Cited by 41 later decisions — most recently September 2008 · most notably 123 N.C. App. 200 - Franklin v. Broyhill Furniture Industries (1996), Hyler v. GTE Products Co. (1993)

41 state decisions

250198719902000decided

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 State v. Colson · Wood v. J. P. Stevens & Co. · Hall v. Thomason Chevrolet, Inc. · Branham v. Denny Roll & Panel Co. · Rabon v. Rowan Memorial Hospital Incorporated

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

  1. “One purpose of the Act is to compensate injured employees for lost earning ability. `The term disability means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or any other employment.' [N.C.G.S.] § [97-]2(9). The Act represents a compromise between the employer's and employee's interests. The employee surrenders his right to common law damages in return for guaranteed, though limited, compensation. The employer relinquishes the right to deny liability in return for liability limited to the employee's loss of earning capacity.... Allowing a totally and permanently disabled employee lifetime compensation effectuates the purpose of the Act to compensate for lost earning ability.”
    1 later decision quote this exact passage
  2. “A proceeding determined under a misapprehension of the applicable principles of law must be remanded to the Commission for consideration and adjudication of all the employee's compensable injuries and disabilities.”
    1 later decision quote this exact passage
  3. “`The pervasive canon of statutory construction [is] that where two remedies are created side by side in a statute the claimant should have the benefit of the more favorable.'”
    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.