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Remedies Keyed to Tabb, 8th
Carbasho v. Musulin
Citation:
618 S.E.2d 368 (2005)Facts
On June 8, 2001, around midnight in Follansbee, Brooke County, West Virginia, Helen Tracy Carbasho was walking her dog, Groucho, down an alley when both she and the dog were struck by a vehicle driven by Michael Musulin. Both Ms. Carbasho and her dog sustained injuries from the collision. The dog died shortly thereafter from its injuries. Ms. Carbasho subsequently filed suit seeking damages for her personal injuries and for the death of her dog. After settling her bodily injury claims, the only remaining issue was the proper measure of damages for the loss of her dog. Ms. Carbasho argued that the damages should include the “true and special value” of the dog to her as its owner, including compensation for loss of companionship, sentimental value, and emotional distress, rather than being limited to the dog’s fair market or assessed value of approximately $100.00 to $150.00.
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