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ESTATE OF HELMICK BY FOX v. MARTIN

No. 21249.

425 S.E.2d 235 (1992)

188 W.Va. 559

ESTATE OF Harry Melvin HELMICK, By Goldie M. FOX, Executrix of the Estate of Harry Melvin Helmick, Plaintiff Below, Appellee, v. Carl J. MARTIN II; Ace Tank Rental, Inc; Virgie Wamsley, Hayward Harold Martin and Dorothy Casada, d/b/a Our Place Diner, Defendant Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1992.

Attorney(s) appearing for the Case

Jonathan E. Turak, David R. Gold, Gold, Khourey & Turak, Moundsville, for appellee.

James A. Varner, Catherine D. Munster, McNeer, Highland & McMunn, Clarksburg, for appellants.

James A. McKowen, Hunt, Lees, Farrell & Kessler, Charleston, William F. Byrne, Stone & Byrne, Morgantown, for amicus curiae, The West Virginia Trial Lawyers Ass'n.

WORKMAN, Justice:

This case is before the Court upon the November 18, 1991, order of the Circuit Court of Upshur County which certified the following questions to this Court:

1. Whether West Virginia law permits beneficiaries of a decedent to obtain damages for the decedent's pain and suffering when, upon the death of the plaintiff's decedent, the pending personal injury action is revived and amended pursuant to West Virginia Code Section 55-7-8 (1981) (amended...

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