196 W. Va. 168 - Auber v. Jellen’s Empirical Analysis
1996
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2014
12 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 177 W. Va. 323 - Hayseeds, Inc. v. State Farm Fire & Cas. · 176 W. Va. 190 - Aetna Casualty & Surety Co. v. Pitrolo · 153 W. Va. 813 - Keffer v. Prudential Insurance Company of America · 180 W. Va. 375 - Horace Mann Insurance v. Leeber · 176 W. Va. 430 - Soliva v. Shand, Morahan & Co., 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rationale of DeRocchis is applicable to the appeal before us. As was pointed out by the court below, there was not a continuing course of treatment with respect to each of the five examinations. Each examination produced a different misdiagnosis; each examination commenced a new line of treatment; each examination was an occasion of delay or further delay in the prompt and appropriate treatment of the rectal cancer. These discrete examinations, misdiagnoses and disparate treatments were not, in the words of Handley , identical, occurring repeatedly, at short intervals, in a consistent, connected, rhythmic manner. Just as in DeRocchis , where several discrete exposures each contributed to a worsening condition, each examination and misdiagnosis of Mr. Auber left Mr. Auber’s tumor undetected, which, with each delay, grew and worsened. On each occasion, with each physical examination and misdiagnosis, a new course was set upon, being each time a discrete negligent act or omission and occasion of injury to Mr. Auber.”
1 later decision quote this exact passage“Doctor Kalla’s opinion, to a reasonable degree of medical certainty, based upon the size of the tumor and type of cancer, was that the tumor and cancer had been present in Mr. Auber for more than two years, thus placing the onset of the cancerous condition prior to Doctor Jellen’s first examination of Mr. Auber_”
1 later decision quote this exact passage“Language in an insurance policy should be given its plain, ordinary meaning.”
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.