Carbasho v. Musulin
Supreme Court of Appeals of West Virginia
618 S.E.2d 368 (2005)
Relevant factsFree
Helen Carbasho (plaintiff) and her dog were both struck by a vehicle driven by Michael Musulin (defendant); Carbasho was injured and the dog died. After settling her own bodily-injury claims, the only remaining issue was damages for the dog's death, which Carbasho argued should include sentimental value and emotional distress. The trial court granted Musulin summary judgment, ruling West Virginia law limits personal-property damages to fair market value, and Carbasho appealed.
IssueFree
Whether damages for the loss of a pet, like damages for the loss of any other personal property, are limited to the fair market value of the pet.
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