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FLANNERY v. UNITED STATES

No. CC928.

297 S.E.2d 433 (1982)

William FLANNERY, Committee, etc. v. UNITED STATES of America.

Supreme Court of Appeals of West Virginia.

October 28, 1982.

Attorney(s) appearing for the Case

Ray L. Hampton, II, Barrett, Chafin, Lowry & Hampton, Huntington, for plaintiff.

Marc Johnston, Anthony J. Steinmeyer, Civ. Div., Dept. of Justice, Washington, D.C., for defendant.

Donald R. Wilson, Stanley E. Preiser, Fanny L. Haslebacher, E. Dixon Ericson, Preiser & Wilson, John L. McClaugherty, Robert G. McLusky, Jackson, Kelly, Holt & O'Farrell, Charleston, for amicus curiae.

MILLER, Chief Justice:

In this case from the United States Fourth Circuit Court of Appeals we are asked to determine two certified questions. The first is whether under our State damage law a plaintiff in a personal injury action who has been rendered permanently semi-comatose is entitled to recover for the impairment of his capacity to enjoy life. The second question is whether the trial court, when sitting as the finder of facts in a personal injury action, can...

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