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13 West Virginia opinions name it 1 courts 1941–2016 0 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mayles v. Shoney's, Inc.green2 sentences2002Code § 23-4-2(c)(ii)(C).” See Greene v. Carolina Freight Carriers, 663 F.Supp. 112, 115 (S.D.W.Va.1987) (discussing fact that “deliberate intention” statute explicitly states that “ ‘regulation ... generally requiring safe [workplaces] ... is insufficient’ ” to establish this cause of action and finding that “statute or standard must specifically address the unsafe working condition in question”); accord Mayles, 185 W.Va. at 95, 405 S.E.2d at 22 . 2002Code § 23-4-2(c)(ii)(C).” See Greene v. Carolina Freight Carriers, 663 F.Supp. 112, 115 (S.D.W.Va.1987) (discussing fact that “deliberate intention” statute explicitly states that “ ‘regulation ... generally requiring safe [workplaces] ... is insufficient’ ” to establish this cause of action and finding that “statute or standard must specifically address the unsafe working condition in question”); accord Mayles, 185 W.Va. at 95, 405 S.E.2d at 22 . | 1 | 2 |
Handley v. Union Carbide Corp.green2 sentences1991Handley v. Union Carbide Corp., 620 F.Supp. 428, 439 (S.D. 1990Similarly, in Handley v. Union Carbide Corp., 620 F.Supp. 428 (S.D.W.Va.1985), aff'd, 804 F.2d 265 (1986), the district court was asked to consider whether the plaintiff-employee had presented sufficient evidence to prove each of the elements of the five-part test found in W.Va.Code § 23 — 4—2(c)(2)(H). | 1 | 2 |
Lambert v. Franklin Real Estate Co.green1 sentence2008See Lambert v. Franklin Real Estate Co., 37 S.W.3d 770, 778 (Ky.Ct.App.2000)(“[A]n electric company’s compliance with safety standards does not in itself free the company of negligence.”). 12 We need not determine *740 whether the facts of this case required a higher standard than that which is imposed by Section 264E(1) of NESC. | 1 | 1 |
Greene v. Carolina Freight Carriersgreen1 sentence2002Code § 23-4-2(c)(ii)(C).” See Greene v. Carolina Freight Carriers, 663 F.Supp. 112, 115 (S.D.W.Va.1987) (discussing fact that “deliberate intention” statute explicitly states that “ ‘regulation ... generally requiring safe [workplaces] ... is insufficient’ ” to establish this cause of action and finding that “statute or standard must specifically address the unsafe working condition in question”); accord Mayles, 185 W.Va. at 95, 405 S.E.2d at 22 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pack v. Van Meter
green
2 sentences2016In Pack v. Van Meter, 177 W.Va. 485 , 354 S.E.2d 581 (1986), this Court was presented with the issue of whether the owner of a place of employment leased to an employer was liable to the tenant’s injured employee for injuries arising out of a safety violation. 2016In Pack v. Van Meter, 177 W.Va. 485 , 354 S.E.2d 581 (1986), this Court was presented with the issue of whether the owner of a place of employment leased to an employer was liable to the tenant’s injured employee for injuries arising out of a safety violation. | 2 | 1999–2016 |
David McComas v. ACF Industries, LLC
green
2 sentences2015Petitioner also relied on McComas v. ACF Indus., LLC, 232 W.Va. 19 , 750 S.E.2d 235 (2013), to argue that the violation of the safety standard served to impute “actual knowledge” of the unsafe working condition to A.L.L. 2015Petitioner also relied on McComas v. ACF Indus., LLC, 232 W.Va. 19 , 750 S.E.2d 235 (2013), to argue that the violation of the safety standard served to impute “actual knowledge” of the unsafe working condition to A.L.L. | 1 | 2015–2015 |
Sias v. W-P Coal Co.
green
2 sentences1994In Sias, we indicated that intentional exposure by the employer may be inferred if “the employer acted with the required specific knowledge (‘subjective realization’ and appreciation of a specific unsafe working condition violative of a specific safety standard) and intentionally *583 exposed the employee to the specific unsafe working condition.” Id. (citations omitted), As indicated above, under “subjective realization,” the crane had malfunctioned on several occasions before the appellant’s accident. 1994W.Va.Code, 23-4-2(e)(2)(ii)(D); Sias, 185 W.Va. at 575 , 408 S.E.2d at 327 . | 1 | 1994–1994 |
Handley v. Union Carbide Corp.
green
2 sentences1990Similarly, in Handley v. Union Carbide Corp., 620 F.Supp. 428 (S.D.W.Va.1985), aff'd, 804 F.2d 265 (1986), the district court was asked to consider whether the plaintiff-employee had presented sufficient evidence to prove each of the elements of the five-part test found in W.Va.Code § 23 — 4—2(c)(2)(H). 1990Similarly, in Handley v. Union Carbide Corp., 620 F.Supp. 428 (S.D.W.Va.1985), aff'd, 804 F.2d 265 (1986), the district court was asked to consider whether the plaintiff-employee had presented sufficient evidence to prove each of the elements of the five-part test found in W.Va.Code § 23-4-2(c)(2)(ii). | 1 | 1990–1990 |
Alexander v. Gardner-Denver Co.
green
2 sentences1990In Syllabus Point 4 of Davis , we stated: *157 “A miner against whom an arbitration decision has been rendered under a collective bargaining agreement involving a safety claim is not foreclosed from pursuing a discrimination remedy under W.Va.Code, 22A-1A-20.” In reaching this conclusion, we placed great reliance on Alexander v. Gardner-Denver Co., 415 U.S. 36 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974), in which the United States Supreme Court held that an adverse decision under a collective bargaining arbitration procedure would not foreclose an employee from pursuing a discrimination claim unde 1990In Syllabus Point 4 of Davis , we stated: *157 “A miner against whom an arbitration decision has been rendered under a collective bargaining agreement involving a safety claim is not foreclosed from pursuing a discrimination remedy under W.Va.Code, 22A-1A-20.” In reaching this conclusion, we placed great reliance on Alexander v. Gardner-Denver Co., 415 U.S. 36 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974), in which the United States Supreme Court held that an adverse decision under a collective bargaining arbitration procedure would not foreclose an employee from pursuing a discrimination claim unde | 1 | 1990–1990 |
Walsh v. Consolidated Freightways, Inc.
green
2 sentences1988However, unlike the situation in [the other case], an employee who is discharged because he complained of a safety violation is provided remedy under existing law for his wrongful discharge. 563 P.2d at 1208 . 1988However, unlike the situation in [the other case], an employee who is discharged because he complained of a safety violation is provided remedy under existing law for his wrongful discharge. 563 P.2d at 1208 . | 1 | 1988–1988 |
Martin v. George Hyman Construction Co.
green
1 sentence1986The court in Martin v. George Hyman Construction Co., 395 A.2d at 74 , which contains a well reasoned discussion of the use of the defense of assumption of risk where a safety rule has been violated, formulated this rule, which we adopt: “We hold, therefore, that the defense of assumption of risk is available to bar a claim based upon a breach of a duty imposed by the statutory safety scheme only where the defendant bears the burden of proving (1) that there was available to the wage earner an alternative to encountering the risk; (2) that the wage earner’s choice between the risk and such alt | 1 | 1986–1986 |
Prince v. Compensation Commissioner
green
1 sentence1949In Prince v. State Compensation Commissioner, 123 W. | 1 | 1949–1949 |
McEwan v. State Compensation Commissioner
neutral
1 sentence1941McEwan v. State Compensation Com’r., 123 W. | 1 | 1941–1941 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.