· 11/24/1997
Stump v. Ashland, Inc.
Citations
- 499 S.E.2d 41
- 201 W. Va. 541
- 1997 W. Va. LEXIS 258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs did not have to actually witness injury being inflicted to recover for negligent infliction of emotional distress where plaintiffs were present at scene of injury-producing event
- holding that plaintiffs did not have to actually witness injury being inflicted to recover for negligent infliction of emotional distress where plaintiffs were present at scene of injury-producing event
- applying Criss to a motion to dismiss an emotional distress claim for being duplicative of a wrongful death claim
- rejecting a “double recovery” challenge to plaintiffs request for separate punitive damages and emotional distress damages in a case where claims for both wrongful death and negligent infliction of emotional distress were made.
- liability may be found when an injury occurs “as a result of the defendant's negligent conduct”
- liability may be found when an injury occurs “as a result of the defendant's negligent conduct”
Source: CourtListener parenthetical corpus (CC0).
Judges: Maynard
Read full opinion on CourtListenerSourced 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.