· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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