211 W. Va. 47 - Kizer v. Harper’s Empirical Analysis
2001
Citation profile
10
cited by 10 later decisions
1
states following
May 2014
most recently cited
6 state decisions
Relationships
Relies on Soberon v. United States · New Jersey v. New York · Latimer v. Stainer · In re Vey · 194 W. Va. 657 - State v. Guthrie
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The granting of a motion for judgment notwithstanding the verdict is reviewed de novo, which triggers the same stringent decisional standards that are used by the circuit courts. While a review of this motion is plenary, it is also circumscribed because we must review the evidence in a light most favorable to the nonmoving party.”
1 later decision quote this exact passage · from the majority“the employer of an independent contractor cannot insulate himself from liability to third parties for the consequences of the use of abnormally dangerous instrumentalities by employing an independent contractor.”
1 later decision quote this exact passage · from the dissent“This rule was intended for application to commercial enterprises, i.e., contractors and subcontractors, not to homeowners who hire independent contractors to do work on their homes.”
1 later decision quote this exact passage · from the dissent
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.