6 West Virginia opinions name it 1 courts 1978–2013 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 |
|---|---|---|
Barr v. Currygreen2 sentences1983See Barr v. Curry, 137 W.Va. 364 , 71 S.E.2d 313 (1952); Stone v. Rudolph, 127 W.Va. 335 , 32 S.E.2d 742 (1944); see 2 Restatement (Second) of Torts § 500-03 (1965). 1983See Barr v. Curry, 137 W.Va. 364 , 71 S.E.2d 313 (1952); Stone v. Rudolph, 127 W.Va. 335 , 32 S.E.2d 742 (1944); see 2 Restatement (Second) of Torts § 500-03 (1965). | 3 | 3 |
Mandolidis v. Elkins Industries, Inc.red2 sentences1990In that decision we held that “the phrase ‘deliberate intent to produce such injury or death’ must be held to mean that an employer loses immunity from common law actions where such employer’s conduct constitutes an intentional tort or wilful, wanton, and reckless misconduct.” Id. 161 W.Va. at 707 , 246 S.E.2d at 914 (footnote omitted). 1990In that decision we held that "the phrase `deliberate intent to produce such injury or death' must be held to mean that an employer loses immunity from common law actions where such employer's conduct constitutes an intentional tort or wilful, wanton, and reckless misconduct." Id. at 914 (footnote omitted). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stone v. Rudolph
green
2 sentences1983See Barr v. Curry, 137 W.Va. 364 , 71 S.E.2d 313 (1952); Stone v. Rudolph, 127 W.Va. 335 , 32 S.E.2d 742 (1944); see 2 Restatement (Second) of Torts § 500-03 (1965). 1983See Barr v. Curry, 137 W.Va. 364 , 71 S.E.2d 313 (1952); Stone v. Rudolph, 127 W.Va. 335 , 32 S.E.2d 742 (1944); see 2 Restatement (Second) of Torts § 500-03 (1965). | 3 | 1978–1983 |
Weekly v. Olin Corp.
green
1 sentence2013Petitioner’s argument in this regard is similar to — and likely derives from — the rationale utilized in the leading case in the Northern District on this issue, Weekly v. Olin Corp., 681 F.Supp. 346 (N.D.W.Va.1987) (Kaufman, J.). 6 In Weekly , the court agreed with the plaintiffs position that because the introductory language of section 23-4-2(e)(2), 7 which governs the application of all parts of section 23-4-2 and thus of both subsections 23-4-2(c)(2)(i) and 23^1-2(c)(2)(ii), speaks of the “employer or person [,]” ____ the two subsections merely represent two alternative methods of proving | 1 | 2013–2013 |
Mandolidis v. Elkins Industries, Inc.
red
1 sentence1990In that decision we held that “the phrase ‘deliberate intent to produce such injury or death’ must be held to mean that an employer loses immunity from common law actions where such employer’s conduct constitutes an intentional tort or wilful, wanton, and reckless misconduct.” Id. 161 W.Va. at 707 , 246 S.E.2d at 914 (footnote omitted). | 1 | 1990–1990 |
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.