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MOZINGO v. BARNHART

No. 14678.

285 S.E.2d 497 (1981)

Harry MOZINGO, Admr., etc. v. Clarence BARNHART, et al., etc.

Supreme Court of Appeals of West Virginia.

December 18, 1981.

Attorney(s) appearing for the Case

Donell, DeLaMater & Hagg and W. Dean DeLaMater, Weirton, for appellants.

Pinsky, Barnes, Watson, Cuomo & Hinerman, Frank Cuomo, Jr. and Marc B. Chernenko, Wellsburg, for appellees.

McGRAW, Justice:

This action arises under the wrongful death statute, W.Va.Code § 55-7-5 (1981 Replacement Vol.), for damages arising out of the shooting death of Allen Ray Mozingo by Clarence Barnhart, a deputy sheriff of Brooke County, West Virginia. The appellant, Russ Craft, was sheriff of Brooke County at the time of the death. The Circuit Court of Brooke County imposed vicarious liability for the negligent conduct...

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