Aikens v. Debow
West Virginia Supreme Court of Appeals
541 S.E.2d 576 (2000)
Richard Aikens (plaintiff) ran a motel and restaurant that was primarily, but not exclusively, accessed by an overpass crossing Interstate 81. In September 1996, Robert Debow (defendant) was driving a flatbed truck on I-81 for his employer, Craig Paving, Inc. (defendant), when he struck the overpass with a trackhoe loaded onto the truck. The trackhoe was too tall to clear the bridge, and the collision caused substantial damage. Repairing the bridge resulted in a closure of the overpass for 19 days. In May 1997, Aikens sued Debow and Craig Paving for negligence, seeking to recover $9,000 in alleged losses caused by a reduction in patrons while the overpass was closed. Defendants moved for summary judgment on the ground that Aikens’s economic losses were not recoverable as a matter of law. A West Virginia circuit court denied defendants’ motion but presented a certified question to the state’s highest court as to whether economic loss, without any damage to person or property, could be recovered in a negligence action. The West Virginia Supreme Court of Appeals considered the issue.
Rule of Law
Holding and Reasoning (Scott, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.