176 W. Va. 108 - Deller v. Naymick’s Empirical Analysis
1986
Citation profile
40 state decisions
How this case has been cited
Cited by 42 later decisions — most recently May 2017 · most notably 204 W. Va. 525 - State Ex Rel. ACF Industries, Inc. v. Vieweg (1999), 219 W. Va. 564 - T. Weston, Inc. v. Mineral County (2006)
40 state decisions
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 Duprey v. Shane · Millison v. E.I. Du Pont De Nemours & Co. · 153 W. Va. 714 - Crockett v. Andrews · Mandolidis v. Elkins Industries, Inc. · 161 W. Va. 695 - Mandolidis v. Elkins Industries, Inc.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“shall extend to every officer, manager, agent, representative or employee of such employer when he is acting in furtherance of the employer's business and does not inflict an injury with deliberate intention.”
2 later decisions quote this exact passage · from the dissent“[T]he purpose of coemployee (and employer) immunity under the Workers’ Compensation Act is to replace the common-law tort claims and defenses between or among employers and employees with the no-fault, exclusive remedy of workers’ compensation. Liability insurance coverage does not remove this reason for the rule, and allowing suits would emasculate the workers compensation system greatly. For example, by the same theory, any employee. covered by automobile liability insurance, which coverage is usually required by W.Va.Code, 17D-2A-3 [1982], would be subject to suit for an injury sustained by a coemployee in a motor vehicle accident in the course of and resulting from employment. Also, unlike governmental immunity (in the context of liability insurance coverage), coemployee (and employer) immunity under the Workers’ Compensation Act does not result in a total denial of the right to apply for redress of grievances. Instead, the alternative workers’ compensation remedies are available in lieu of the common-law remedies.”
1 later decision quote this exact passage“‘When one considers how many such added relations an employer might have in the course of a day’s work — as landowner, land occupier, products manufacturer, installer, modifier, vendor, bailor, repairman, vehicle owner, shipowner, doctor, hospital, health services provider, self-insurer, safety inspector — it is plain enough that this trend could go a long way toward demolishing the exclusive remedy principle.””
1 later decision quote this exact passage · from the dissent
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.