60 N.C. App. 145 - Wallace Ex Rel. Magers v. Evans’s Empirical Analysis
1982
Citation profile
77 state decisions
How this case has been cited
Cited by 77 later decisions — most recently May 2010 · most notably 101 N.C. App. 462 - Snead v. Holloman (1991), 176 N.C. App. 60 - Farndale Co., LLC v. Gibellini (2006)
77 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 Manganello v. Permastone, Inc. · Anderson Ex Rel. Anderson v. Butler · 49 N.C. App. 642 - Hunt v. Montgomery Ward and Co., Inc. · 59 N.C. App. 633 - Koonce v. May · 52 N.C. App. 139 - Everhart v. LeBrun
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he motion should be denied if there is any evidence more than a scintilla to support plaintiff's prima facie case in all its constituent elements.”
5 later decisions quote this exact passage“Where the question of granting a directed verdict is a close one, the better practice is for the trial judge to reserve his decision on the motion and allow the case to be submitted to the jury. If the jury returns a verdict in favor of the moving party, no decision on the motion is necessary and an appeal may be avoided. If the jury finds for the nonmoving party, the judge may reconsider the motion and enter a judgment not withstanding the verdict under G.S. 1A-1, Rule 50(b), provided he is convinced the evidence was insufficient. On appeal, if the motion proves to have been improperly granted, the appellate court then has the option of ordering entry of the judgment on the verdict, thereby eliminating the expense and delay involved in a retrial.”
2 later decisions quote this exact passage“While severance is discretionary, the rule provides for exercise of that discretion only “in furtherance of convenience or to avoid prejudice.” G.S. 1A-1, Rule 42(b). The comment to the rule indicates that it was enacted in view of “the multisided law suit made possible by these rules” for the purpose of “guard[ing] against the occasion where a suit of unmanageable size is thrust on the court.” G.S. 1A-1, Rule 42(b) comment. That is not the situation presented here.”
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.