180 W. Va. 526 - Basham v. General Shale’s Empirical Analysis
1988
Citation profile
21 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2010 · most notably 188 W. Va. 241 - Cart v. Marcum (1992), 188 W. Va. 144 - Slack v. Kanawha County Housing & Redevelopment Authority (1992)
21 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 Greenman v. Yuba Power Products, Inc. · 63 Cal. 2d 9 - Seely v. White Motor Co. · Santor v. a & M KARAGHEUSIAN, INC. · 92 Ill. 2d 171 - Redarowicz v. Ohlendorf · 162 W. Va. 857 - Morningstar v. Black & Decker Manufacturing 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“where the only loss suffered is an economic loss, as in the case of losses which are associated with a 'bad bargain,' the injured party must pursue the remedies provided in the Uniform Commercial Code, subject to the statute of limitations therein.”
3 later decisions quote this exact passage“Physical harm to the defective product belongs with tort principles; reduction in value merely because of the product flaw falls into contract law. See, e.g., Gherna v. Ford Motor Co., 246 Cal.App.2d 639 , 55 Cal.Rptr. 94 (1966); Gibson v. Reliable Chevrolet, Inc., 608 S.W.2d 471 (Mo.App.1981); Russell v. Ford Motor Co., 281 Or. 587 , 575 P.2d 1383 (1978). Therefore, we reject the line of cases begun by Santor v. A & M Karagheusian, Inc., 44 N.J. 52 , 207 A.2d 305 (1964), which have permitted use of strict liability to recover the difference between the value of the product received and its purchase price in the absence of a sudden calamitous event. See, e.g., Cova v. Harley Davidson Motor Co., 26 Mich.App. 602 , 182 N.W.2d 800 (1971); Air Products & Chemicals, Inc. v. Fairbanks Morse, Inc., 58 Wis.2d 193 , 206 N.W.2d 414 (1973) (applying Pennsylvania law). In West Virginia, property damage to defective products which results from a sudden calamitous event is recoverable under a strict liability cause of action. Damages which result merely because of a “bad bargain” are outside the scope of strict liability.”
1 later decision quote this exact passage“No action, whether in contract or in tort, for indemnity or otherwise, nor any action for contribution or indemnity to recover damages for any deficiency in the planning, design, surveying, observation or supervision of any construction or the actual construction of any improvement to real property, or, to recover damages for any injury to real or personal property, or, for an injury to a person or for bodily injury or wrongful death arising out of the defective or unsafe condition of any improvement to real property, may be brought more than ten years after the performance or furnishing of such services or construction: Provided, That the above period shall be told according to the provisions of section twenty-one [§ 55-2-21] of this article. The period of limitation provided in this section shall not commence until the improvement to the real property in question has been occupied or accepted by the owner of real property, whichever occurs first.”
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.