Crocker v. Roethling’s Empirical Analysis

Citation profile

53 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In any action for damages for personal injury or death arising out of the furnishing or the failure- to furnish professional services in the performance of medical, dental, or other health care, the defendant shall not be liable for the payment of damages unless the trier of the facts is satisfied by the greater weight of the evidence that the care of such health care provider was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.”

   4 later decisions quote this exact passage
   e.g. 197 N.C. App. 238 - Barringer v. FORSYTH COUNTY WAKE FOREST UNIVERSITY BAPTIST MEDICAL CTR · 202 N.C. App. 707 - Hawkins v. SSC HENDERSONVILLE OPERATING CO.

2. “Summary judgment is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law [pursuant to] N.C.G.S. § 1A-1, Rule 56(c) (20[13]). The trial court must consider the evidence in the light most favorable to the non-moving party.”

   3 later decisions quote this exact passage
   e.g. Ginsberg v. BOARD OF UNIV. OF NC · 222 N.C. App. 1 - Cedar Greene, LLC v. City of Charlotte

3. “Dr. Elliott's affidavit, on the other hand, indicated that he had researched and was knowledgeable about the standard of care in Goldsboro[,] ... [including] "the size of the population [of Goldsboro], the level of care available at the hospital, the facilities and the number of health care providers for obstetrics," and "the prevailing standard of care for handling shoulder dystocia in the same or similar community to Goldsboro."”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Grantham ex rel. Trust Co. of Sterne, Agee & Leach, Inc. v. Crawford · GRANTHAM EX REL. TRUST CO., OF STERNE v. Crawford