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· 7/11/1995

Jividen v. Law

Citations

  • 461 S.E.2d 451
  • 194 W. Va. 705
  • 1995 W. Va. LEXIS 134

How courts have described this case

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

  • approving the grant of summary judgment in a negligence case because “there simply is nothing beyond a scintilla of evidence” indicating a failure to exercise ordinary care
  • liability for harm caused by animal will not attach unless injured party can show, based on animal’s past behavior and characteristics, that injury could reasonably and foreseeably have been anticipated
  • liability for harm caused by animal will not attach unless injured party can show, based on animal's past behavior and characteristics, that injury could reasonably and foreseeably have been anticipated
  • “Roughly stated, a ‘genuine issue’ for purposes of West Virginia Rule of Civil Procedure 56(c
  • West Virginia rule recognizing negligence action against owner of animal that does not have known, abnormally dangerous propensities ‘‘is similar, if not identical, to that utilized in [§ 518 of the Restatement [Second], [supra]’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Workman, Brotherton, Recht, Miller, Fox

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.