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← 84 N.C. App. 507 - Taylor v. Walker

84 N.C. App. 507 - Taylor v. Walker’s Empirical Analysis

1987

Citation profile

8
cited by 8 later decisions
1
states following
May 2000
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 2000

8 state decisions

40198719902000decided

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 Smith v. Fiber Controls Corp. · Bryant v. Nationwide Mutual Fire Insurance · Norwood v. Sherwin-Williams Co. · Adams Ex Rel. Adams v. State Board of Education · 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Plaintiff had knowledge at least equal to that of defendants of the violent nature of Suits and his companions and of the volatile atmosphere present in the bar when he confronted Suits over the shoving of Huffman. With that knowledge, plaintiff confronted Suits and invited him outside to fight. When Suits refused, plaintiff continued to stand beside him, repeating the invitation, even though he could have left. The potential for danger and physical harm inherent in the confrontation with Suits was as well known to plaintiff as to defendants, yet, with such knowledge, plaintiff exposed himself to the danger by approaching Suits, engaging in a heated verbal exchange and delivering the first, and only, blow. It was certainly foreseeable to plaintiff that his physical attack on Suits would provoke a violent response from Suits' companions. Plaintiff had a duty not to needlessly expose himself to danger, which he clearly violated in this case. See Witherspoon v. Owen, 251 N.C. 169 , 110 S.E.2d 830 (1959). Moreover, plaintiff voluntarily participated in the affray, thereby helping to create the situation from which his injuries arose. It is elementary that one may not recover damages for injuries resulting from a hazard he helped to create. Blevins v. France, 244 N.C. 334 , 93 S.E.2d 549 (1956); Blake v. Great Atlantic & Pacific Tea Co., 237 N.C. 730 , 75 S.E.2d 921 (1953).”
    1 later decision quote this exact passage · from the concurrence

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.