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Carbasho v. Musulin

Supreme Court of Appeals of West Virginia
618 S.E.2d 368 (2005)


Facts

Helen Tracy Carbasho (plaintiff) and her dog were struck by a vehicle driven by Michael Musulin (defendant). Carbasho and the dog were both injured, and the dog died from the injuries. Carbasho sued for her personal injuries and the death of her dog. Carbasho and Musulin agreed to a settlement with respect to Carbasho’s bodily-injury claims, leaving the dog’s death as the only issue remaining to be determined. Carbasho argued that the damages for the death of the dog should include sentimental value, emotional distress, and emotional attachment. Musulin moved for summary judgment, arguing that the dog was personal property and that West Virginia law limited the damages for the loss of personal property to its fair market value. The trial court granted Musulin’s motion for summary judgment. Carbasho appealed.

Rule of Law

Issue

Holding and Reasoning (Maynard, J.)

Dissent (Starcher, J.)

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