191 W. Va. 149 - Wehner v. Weinstein’s Empirical Analysis
1994
Citation profile
22 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2012 · most notably 208 W. Va. 486 - Aikens v. Debow (2001), 209 W. Va. 318 - Sheetz, Inc. v. Bowles Rice McDavid Graff & Love, PLLC (2001)
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
Applies 28 U.S.C. § 2674
Relies on In re Kauffman Mutual Fund Actions · Commodity Futures Trading Commission v. Weintraub · Mullins Coal Co. v. Director, Office of Workers' Compensation Programs · Gemelli v. Pennsylvania · Hodge v. United States Department of Justice
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘An intervening cause, in order to relieve a person charged with negligence in connection with an injury, must be a negligent act, or omission, which constitutes a new effective cause and operates independently of any other act, making it and it only, the proximate cause of the injury.’ Syllabus Point 16, Lester v. Rose, 147 W.Va. 575 , 130 S.E.2d 80 (1963) [modified on other grounds, State ex rel. Sutton v. Spillers, 181 W.Va. 376 , 382 S.E.2d 570 (1989)].” Syllabus Point 1, Perry v. Melton, 171 W.Va. 397 , 299 S.E.2d 8 (1982).”
3 later decisions quote this exact passage“`To be actionable, negligence must be the proximate cause of the injury complained of and must be such as might have been reasonably expected to produce an injury.' Point 3, syllabus, Hartley v. Crede, [140] W.Va. [133, 82 S.E.2d 672 ].”
2 later decisions quote this exact passage““ ‘Where separate and distinct negligent acts of two or more persons continue unbroken to the instant of an injury, contributing directly and immediately thereto and constituting the efficient cause thereof, such acts constitute the sole proximate cause of the injury.’ Point 1, Syllabus, Brewer v. Appalachian Constructors, Inc., et al., 135 W.Va. 739 [ 65 S.E.2d 87 (1951), overruled on other grounds, Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695 , 246 S.E.2d 907 (1978)].” Syllabus Point 6, Frye v. McCrory Stores Corp., 144 W.Va. 123 , 107 S.E.2d 378 (1959). “ ‘ “In a concurrent negligence case, the negligence of the defendant need not be the sole cause of the injury, it being sufficient that it was one of the efficient causes thereof, without which the injury would not have resulted; but it must appear that the negligence of the person sought to be charged was responsible for at least one of the causes resulting in the injury.” Syllabus point 5, Long v. City of Weirton, [ 158 W.Va. 741 ], 214 S.E.2d 832 (1975).’ Syllabus Point 6, Burdette v. Maust Coal & Coke Corp., 159 W.Va. 335 , 222 S.E.2d 293 (1976).””
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.