Carbasho v. Musulin

618 S.E.2d 368 (2005)

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Nature of the Case

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Facts

P was walking her dog, Groucho, down an alley when both she and the dog were struck by a vehicle driven by Musulin (D). P and Groucho were injured. Groucho died shortly thereafter from its injuries. P sued D seeking damages for her personal injuries and the death of Groucho. The circuit court entered an order stating that 'the only issue remaining to be determined was the property damage value of the dog, Groucho, and whether or not sentimental value, emotional distress and emotional attachment are recoverable damages in West Virginia for the loss of the dog, and if so, to what extent.' D moved for summary judgment to dismiss P's claim for damages in excess of Groucho's assessed value which was estimated to be between $ 100.00 and $ 150.00. The court granted the motion and P appealed.