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← 165 W. Va. 366 - Harrison v. Seltzer

165 W. Va. 366 - Harrison v. Seltzer’s Empirical Analysis

1980

Citation profile

39
cited by 39 later decisions
2
states following
May 2008
most recently cited

3 federal appellate · 33 state decisions

How this case has been cited

Cited by 39 later decisions — most recently May 2008 · most notably 199 W. Va. 706 - Gaither v. City Hospital, Inc. (1997), Bussineau v. President of Georgetown College (1986)

3 federal appellate · 33 state decisions

200198019902000decided

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

Applies 28 U.S.C. § 2401

Relies on United States v. Kubrick · 148 W. Va. 160 - Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York · Wilkinson v. Harrington · 46 Ill. 2d 32 - Lipsey v. Michael Reese Hospital · 164 W. Va. 241 - Masinter v. Webco Co.

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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[O]ur discovery rule ... [rests on a showing of] whether the injured plaintiff was aware of the malpractice or, by the exercise of reasonable care, should have discovered it”
    3 later decisions quote this exact passage
  2. ““There are cases where the adverse results of medical treatment are so extraordinary that the patient is immediately aware that something went wrong, such that the statute of limitations will begin to run once the extraordinary result is known to the plaintiff even though he may not be aware of the precise act of malpractice.” 268 S.E.2d at 315 .”
    2 later decisions quote this exact passage
  3. “[t]he statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice.”
    1 later decision quote this exact passage

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.