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← 185 W. Va. 734 - Torrence v. Kusminsky

185 W. Va. 734 - Torrence v. Kusminsky’s Empirical Analysis

1991

Citation profile

70
cited by 70 later decisions
3
states following
April 2018
most recently cited

70 state decisions

How this case has been cited

Cited by 70 later decisions — most recently April 2018 · most notably 193 W. Va. 229 - McDougal v. McCammon (1995), 193 W. Va. 475 - Barefoot v. Sundale Nursing Home (1995)

70 state decisions

340199120002010decided

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 Albain v. Flower Hospital · Paintsville Hospital Co. v. Rose · 144 Wis. 2d 188 - Pamperin v. Trinity Memorial Hospital · 182 W. Va. 597 - Board of Education v. Zando, Martin & Milstead, Inc. · 176 W. Va. 492 - Roberts v. Stevens Clinic Hospital, 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where a hospital makes emergency room treatment available to serve the public as an integral part of its facilities, the hospital is estopped to deny that the physicians and other medical personnel on duty providing treatment are its agents. Regardless of any contractual arrangements with so-called independent contractors, the hospital is liable to the injured patient for acts of malpractice committed in its emergency room, so long as the requisite proximate cause and damages are present.”
    4 later decisions quote this exact passage
  2. “[a] judgment will not be reversed because of the admission of improper or irrelevant evidence when it is clear that the verdict of the jury could not have been affected thereby.”
    3 later decisions quote this exact passage
  3. “Tf a party offers evidence to which an objection is sustained, that party, in order to preserve the rejection of the evidence as error on appeal, must place the rejected evidence on the record or disclose what the evidence would have shown, and the failure to do so prevents an appellate court from reviewing the matter on appeal.’ Syllabus Point 1, Horton v. Horton, 164 W.Va. 358 , 264 S.E.2d 160 (1980).”
    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.