83 N.C. App. 448 - Cates v. Wilson’s Empirical Analysis

Citation profile

9 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. “It is well established in this jurisdiction that evidence of a plaintiffs receipt of benefits for his or her injury or disability from sources collateral to defendant generally is not admissible. This principle is known as the collateral source rule. Our courts have invoked this doctrine to exclude evidence of workers’ compensation benefits. Spivey v. Wilcox Company, 264 N.C. 387 , 141 S.E. 2d 808 (1965); evidence that plaintiffs medical expenses had been paid by his employer as the result of hospital insurance carried for the benefit of its employees; Young v. R.R., 266 N.C. 458 , 146 S.E. 2d 441 (1966); and evidence that plaintiff received sick leave pay, Fisher v. Thompson, 50 N.C. App. 724 , 275 S.E. 2d 507 (1981); Marley v. Gantt, 72 N.C. App. 200 , 323 S.E. 2d 725 (1984); Andrews v. Peters, 75 N.C. App. 252 , 330 S.E. 2d 638 , disc. rev. denied, 315 N.C. 182 , 337 S.E. 2d 65 (1985).”

   1 later decision quote this exact passage
   e.g. 84 N.C. App. 433 - White v. Lowery

2. “The overwhelming weight of authority in the country is to the effect that the fact necessary medical and nursing services are rendered gratuitously to one who is injured as a result of the negligence of another should not preclude the injured party from recovering the reasonable value of those services as part of his compensatory damages in an action against the tortfeasor. This is known as the collateral source rule. Stated otherwise, it means that, if a plaintiff is compensated in whole or in part for his damages by some source independent of the tortfeasor, he is still permitted to have full recovery against him.”

   1 later decision quote this exact passage
   e.g. 229 Wis. 2d 542 - Ellsworth v. Schelbrock

3. “[a] tort-feasor should not be permitted to reduce his own liability for damages by the amount of compensation the injured party receives from an independent source.”

   1 later decision quote this exact passage
   e.g. 132 N.C. App. 43 - Fallis v. Watauga Medical Center, Inc.