178 W. Va. 805 - Pickett v. Taylor’s Empirical Analysis

Citation profile

1 federal appellate · 6 state decisions

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

1. ““A trial court, pursuant to the provisions of R.C.P. 42, has a wide discretionary power to consolidate civil actions for joint hearing or trial and the action of a trial court in consolidating civil actions for a joint hearing or trial will not be reversed in the absence of a clear showing of abuse of such discretion and in the absence of a clear showing of prejudice to any one or more of the parties to the civil actions which have been so consolidated.” Syllabus Point 1, Holland v. Joyce, 155 W.Va. 585 , 185 S.E.2d 505 (1971).”

   2 later decisions quote this exact passage
   e.g. Hutson v. Henry · 190 W. Va. 429 - State Ex Rel. Appalachian Power Co. v. Ranson

2. “The circumstances of the battery were highly inflamatory [sic] and prone to have an adverse impact on the wrongful death suit. There were at least two potential sources of prejudice. First, the posture of the consolidated cases could have led the jury to believe the wrongful death and battery were interdependent — that is, that recovery in the wrongful death suit was conditioned on the younger Hall being ‘fault free’ in the battery suit. Second, it would have been only natural for the jury to seek to ‘punish’ Hall’s family for the perceived impetuousness of Marshall Hall. The cumulative and pervasive nature of the prejudice mandates a reversal under Holland .”

   1 later decision quote this exact passage
   e.g. 190 W. Va. 429 - State Ex Rel. Appalachian Power Co. v. Ranson

3. “should have been balanced with an instruction that there still existed a duty of reasonable care under the circumstances.”

   1 later decision quote this exact passage
   e.g. Evans v. Oliver