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· 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 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.