68 N.C. App. 458 - Mitchell v. Parker’s Empirical Analysis

Citation profile

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

1. “When a defendant moves for a directed verdict in a medical malpractice case, the question raised is whether plaintiff has offered evidence of each of the following elements of his claim for relief: (1) the standard of care; (2) breach of the standard of care; (3) proximate causation; and (4) damages. Lowery v. Newton, 52 N.C.App. 234, 237 , 278 S.E.2d 566, 570 , reconsideration of denial of disc. rev. denied, 304 N.C. 195 , 291 S.E.2d 148 (1981). On such motion, plaintiff's evidence is to be viewed in the light most favorable to plaintiff. Manganello v. Permastone, Inc., 291 N.C. 666, 670 , 231 S.E.2d 678, 680 (1977). A directed verdict for defendant is improper `unless it appears as a matter of law that a recovery cannot be had by the plaintiff upon any view of the facts which the evidence reasonably tends to establish.' Id. Tice v. Hall, 63 N.C.App. 27, 28 , 303 S.E.2d 832, 833 (1983), aff'd, 310 N.C. 589 , [313] S.E.2d [565] (1984).”

   1 later decision quote this exact passage
   e.g. 97 N.C. App. 381 - Felts v. Liberty Emergency Service, P.A.

2. “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.”

   1 later decision quote this exact passage
   e.g. 589 F. Supp. 736 - Makas v. Hillhaven, Inc.