187 W. Va. 730 - Adkins v. Foster’s Empirical Analysis
1992
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2018
22 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 176 W. Va. 492 - Roberts v. Stevens Clinic Hospital, Inc. · Brodie v. Philadelphia Transportation Co. · Jordan v. Bero · Jordan v. Bero · 171 W. Va. 27 - Flannery v. United States
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“' "[Quture damages are those sums awarded to an injured party for, among other things: (1) Residuals or future effects of an injury which have reduced the capability of an individual to function as a whole man; (2) future pain and suffering; (3) loss or impairment of earning capacity; and (4) future medical expenses.” Syllabus Point 10, Jordan v. Bern, [158] W.Va. [28,] 210 S.E.2d 618 (1974).’ Syl. Pt. 2, Flannery v. United States, 171 W.Va. 27 , 297 S.E.2d 433 (1982).”
2 later decisions quote this exact passage“Our conclusion that this matter should be remanded on the issue of future economic damages is based upon our belief that the appellee presented significant evidence of permanent injury but failed to present evidence of future economic ramifications of the injury to a reasonable degree of certainty. Upon remand, the permanency of the appellee’s injury, as proven in the previous trial, should be presumed, and evidence of future economic loss should be presented to permit a reliable calculation of economic loss.”
1 later decision quote this exact passagee.g. Adkins v. Foster“[Pjrudent plaintiffs counsel would seek to introduce vocational evidence in addition to medical evidence ... to assist the jury in ascertaining the extent and permanency of the plaintiffs alleged inability to engage in gainful employment. Similarly, prudent defense counsel would also present such evidence in order to assist the jury in determining whether the plaintiff would be capable of some other future employment which might mitigate the damages for loss of future earning capacity.”
1 later decision quote this exact passagee.g. Cook v. Cook
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.