Wolfe v. Dal-Tile Corp.’s Empirical Analysis
1995
Citation profile
4 state decisions
How this case has been cited
Cited by 7 later decisions — most recently January 2014
4 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 Kennedy v. Powell · 189 So. 2d 113 - State Stove Manufacturing Company v. Hodges · Trust Company Bank v. United States Gypsum Company · Guilzon v. Commissioner · Reich v. Jesco, 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to protect architects, builders and the like who have completed their jobs and who have relinquished access and control of the improvements. " West End Corp. v. Royals, 450 So.2d 420, 424 (Miss.1984) (emphasis added). In Wolfe v. Dal-Tile Corp., 876 F.Supp. 116, 120 (S.D.Miss.1995), the United States District Court for the Southern District of Mississippi distinguished those involved in the original design or construction of an improvement to real property from those such as owners who not only are involved with the property at that phase but also retain control until the cause of action accrues [:] The continuing control over the property allows these individuals to maintain and repair the improvements to the property. Logically, when an individual has control over the property in this manner there is no need to have a time limit for filing causes of action relating to the continuing conditions of the property. On the other hand, the rationale is clear for having such a time limit for persons who relinquish control over the property and have no ability or opportunity to remedy any wrongs which exist with the property. [15] (footnote added). See 325-343 E. 56th Street Corp. v. Mobil Oil Corp., 906 F.Supp. 669, 674 (D.D.C.1995) ("Design professionals,”
2 later decisions quote this exact passage · from the majority“In [Moore], the Mississippi Supreme Court completely departed from a well-established line of cases in this state which provide that strict products liability actions may be maintained against “a manufacturer of a product and to a contractor who builds and sells a house with the product in it.” See State Stove Manufacturing Co. v. Hodges, 189 So.2d 113, 118 (Miss.1966). This holding was not necessary to the disposition of the Moore case, since that case was clearly barred by the statute of repose and this Court doubts that the Supreme Court intended to depart from State Stove and the long established line of cases which followed it. However, the statement made by the Moore court that strict products liability actions could not be maintained in cases involving “improvements to real property” as opposed to products was clearly the holding of the case and not dictum. In the opinion of this Court the fallacy of that decision is that material sold can be both “a product” and “an improvement to real property.” It does not logically follow that either term is exclusive of the other. If this Court had the authority to certify this question to the Mississippi Supreme Court, it would. However, this Court lacks that authority and is mindful that the concept cited previously in this Opinion regarding deference to the plain language of a statute is equally applicable to the issue at hand. That is, it is not for this Court to wonder “why” when faced with the plain language of an Opinion fr”
1 later decision quote this exact passage · from the majority“to protect architects, builders and the like who have completed their jobs and who have relinquished access and control of the improvements.”
1 later decision quote this exact passage · from the majority
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.