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7 West Virginia opinions name it 1 courts 1988–2015 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 |
|---|---|---|
Sitzes v. Anchor Motor Freight, Inc.green2 sentences2015“The basic purpose of the joint and several liability rule is to permit the injured plaintiff to select and collect the full amount of his damages against one or more joint tortfeasors.” Id. at 707 , 289 S.E.2d at 685 (emphasis added). 2015“The basic purpose of the joint and several liability rule is to permit the injured plaintiff to select and collect the full amount of his damages against one or more joint tortfeasors.” Id. at 707 , 289 S.E.2d at 685 (emphasis added). | 3 | 5 |
Estate of Williams Ex Rel. Williams v. Vandeberggreen2 sentences2001These courts take the position that because “vicarious liability derives solely from the principal’s legal relation to the wrongdoer, settlement with the tort-feasor removes the basis for any additional recovery from the principal upon the same acts of negligence.” Id.; see also Estate of Williams v. Vandeberg, 620 N.W.2d 187, 190 (S.D.2000); Theophelis, 430 Mich. at 490-91 , 424 N.W.2d at 486 (plurality opinion). 2001These courts take the position that because "vicarious liability derives solely from the principal's legal relation to the wrongdoer, settlement with the tortfeasor removes the basis for any additional recovery from the principal upon the same acts of negligence." Id.; see also Estate of Williams v. Vandeberg, 620 N.W.2d 187, 190 (S.D.2000); Theophelis, 430 Mich. at 490-91 , 424 N.W.2d at 486 (plurality opinion). | 1 | 1 |
Biddle v. Sartori Memorial Hospitalgreen2 sentences2001Some courts have, in accord with this reasoning, stressed the "fundamental distinction between the full recovery permitted under the doctrine of joint and several liability, and the limitations inherent in a claim that *914 rests on the doctrine of vicarious liability." Biddle v. Sartori Mem'l Hosp., 518 N.W.2d 795, 798 (Iowa 1994). 2001The Iowa Supreme Court acknowledged the "fundamental distinction between the full recovery permitted under the doctrine of joint and several liability, and the limitations inherent in a claim that rests on the doctrine of vicarious liability." Id. at 798 . | 1 | 1 |
Theophelis v. Lansing General Hospitalgreen2 sentences2001These courts take the position that because "vicarious liability derives solely from the principal's legal relation to the wrongdoer, settlement with the tortfeasor removes the basis for any additional recovery from the principal upon the same acts of negligence." Id.; see also Estate of Williams v. Vandeberg, 620 N.W.2d 187, 190 (S.D.2000); Theophelis, 430 Mich. at 490-91 , 424 N.W.2d at 486 (plurality opinion). 2001These courts take the position that because "vicarious liability derives solely from the principal's legal relation to the wrongdoer, settlement with the tortfeasor removes the basis for any additional recovery from the principal upon the same acts of negligence." Id.; see also Estate of Williams v. Vandeberg, 620 N.W.2d 187, 190 (S.D.2000); Theophelis, 430 Mich. at 490-91 , 424 N.W.2d at 486 (plurality opinion). | 1 | 1 |
Bradley v. Appalachian Power Co.green2 sentences1988This Court pointed out in Bradley v. Appalachian Power Co., 163 W.Va. 332, 344 , 256 S.E.2d 879, 886 (1979), that the newly adopted comparative negligence rule would not alter the doctrine of joint and several liability. 1988This Court pointed out in Bradley v. Appalachian Power Co., 163 W.Va. 332, 344 , 256 S.E.2d 879, 886 (1979), that the newly adopted comparative negligence rule would not alter the doctrine of joint and several liability. | 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 |
|---|---|---|
Tennant v. Marion Health Care Foundation, Inc.
green
2 sentences2014Syllabus Point 6, Tennant v. Marion Health Care Foundation, Inc., 194 W.Va. 97 , 459 S.E.2d 374 (1995). . 2014Syllabus Point 6, Tennant v. Marion Health Care Foundation, Inc., 194 W.Va. 97 , 459 S.E.2d 374 (1995). . | 1 | 2014–2014 |
Kodym v. Frazier
green
2 sentences2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. 2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. | 1 | 2004–2004 |
Biro v. Fairmont General Hospital, Inc.
green
2 sentences2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. 2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. | 1 | 2004–2004 |
Butler v. Smith's Transfer Corp.
green
2 sentences2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. 2004Appellant maintains, however, that our decisions in cases such as Biro v. Fairmont General Hospital, Inc., 184 W.Va. 458 , 400 S.E.2d 893 (1990), which relied on syllabus point four of Butler v. Smith's Transfer Corporation, 147 W.Va. 402 , 128 S.E.2d 32 (1962), and Kodym v. Frazier, 186 W.Va. 221 , 412 S.E.2d 219 (1991), limits the term joint tortfeasors to multiple defendants whose concurrent negligence has caused injury to the plaintiff. | 1 | 2004–2004 |
Luna v. Shockey Sheet Metal & Welding Co.
green
2 sentences1999Luna, 113 Idaho at 196 , 743 P.2d at 64 . 1999Luna, 113 Idaho at 196 , 743 P.2d at 64 . | 1 | 1999–1999 |
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.