Bragg v. United States

Docket Number12-0850
Decision Date05 February 2013
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7 cases
  • Eqt Prod. Co. v. Wender, 16-1938.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • August 30, 2017
    ...W.Va. 281, 737 S.E.2d 550 (2012) ; Bragg v. United States , 488 Fed.Appx. 672 (4th Cir. 2012), certified question answered , 230 W.Va. 532, 741 S.E.2d 90 (2013).In keeping with this practice, certification in this case would ensure that we do not adopt a rule with broad implications for env......
  • Napper v. United States
    • United States
    • U.S. District Court — Southern District of West Virginia
    • March 19, 2019
    ...a safety inspector owes a duty of care to the employees whose safety the inspection is intended to secure." Bragg v. United States, 230 W.Va. 532, 741 S.E.2d 90, 99–100 (2013) (quotation marks omitted). The court plainly "h[e]ld that a private inspector who inspects a work premises for the ......
  • Post v. AmerisourceBergen Corp.
    • United States
    • U.S. District Court — Northern District of West Virginia
    • November 2, 2020
    ...When a case involves a physical injury, a special relationship analysisis not required to find a duty of care. Bragg v. United States, 741 S.E.2d 90, 99 (W. Va. 2013). The Amended Complaint contains sufficient facts to support a negligence claim. Plaintiff alleged affirmative conduct by Def......
  • Arthur-Nelson v. U.S. Bancorp Gov't Leasing & Fin. Inc., CIVIL ACTION NO. 1:19CV167
    • United States
    • U.S. District Court — Northern District of West Virginia
    • September 30, 2020
    ...likely to result?" Syl. Pt. 4, Sewell v. Gregory, 179 W. Va. 585, 588, 371 S.E.2d 82, 85 (1988). See also Bragg v. United States, 230 W. Va. 532, 538-42, 741 S.E.2d 90, 96-100 (2013) (discussing when a duty may be owed to a third party). West Virginia law permits a negligence claim for pure......
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