213 W. Va. 592 - McDavid v. United States’s Empirical Analysis

Citation profile

4 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]here an action is brought by a person injured for damage caused by the wrongful act, neglect or default of any person or corporation, and the person injured dies as a result thereof, the action shall not abate by reason of his or her death but, his or her death being suggested, it may be revived in the name of his or her personal representative, and the complaint shall be amended so as to conform to an action under sections five and six of this article [the wrongful death statute], and the case proceeded with as if the action had been brought under said sections. Additionally a separate and distinct cause of action may be brought, and if brought, shall be joined in the same proceeding for damages incurred between the time of injury and death where not otherwise provided for in said sections five and six. In either case there shall be but one recovery for each element of damages ....”

   1 later decision quote this exact passage · from the dissent
   e.g. Thomas v. Brooks Run Min. Co., LLC

2. “This Court employs a plenary standard of review when we answer certified questions. In Syllabus Point 1 of Light v. Allstate Ins. Co., 203 W.Va. 27 , 506 S.E.2d 64 (1998), we held that “[a] de novo standard is applied by this Court in addressing the legal issues presented by a certified question from a federal district or appellate court.” ■ Also, the certified question before us requires us to construe the wrongful death act. We have held that “[w]here the issue ... is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syllabus Point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995).”

   1 later decision quote this exact passage
   e.g. 215 W. Va. 668 - Burrows v. Nationwide Mutual Insurance

3. “" 'Wrongful death acts compensate either the survivors, or the estate of the deceased, for losses they have sustained. Survival statutes ... permit recovery ... for damages which the decedent could have recovered had he lived.... The survival statute merely continues in existence the injured person’s claim after death as an asset of his estate, while the usual wrongful death statute creates a new cause of action ... based upon the death itself.’ ””

   1 later decision quote this exact passage
   e.g. Green Ex Rel. Estate of Green v. City of Welch