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· 10/7/1980

Hovermale v. Berkeley Springs Moose Lodge No. 1483

Citations

  • 271 S.E.2d 335
  • 165 W. Va. 689
  • 1980 W. Va. LEXIS 583

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding business had duty under Restatement (Second) of Torts § 314A (1965) to help man who collapsed
  • holding business had duty under Restatement (Second) of Torts § 314A (1965) to help man who collapsed
  • holding business had duty under § 314A of the Restatement to help a man who fainted and that whether business met that duty was a question of fact for the jury
  • stating that “[p]roof by a preponderance of the evidence requires only that a party satisfy the court or jury by sufficient evidence that the existence of a fact is more probable or likely than its nonexistence.”
  • stating that \[p]roof by a preponderance of the evidence requires only that a party satisfy the court or jury by sufficient evidence that the existence of a fact is more probable or likely than its nonexistence.\
  • finding that a business had a special relationship under Section 314A to render assistance to an invitee after it knew or had reason to know that the invitee was ill or injured

Source: CourtListener parenthetical corpus (CC0).

Judges: McGraw

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.