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AIKENS v. DEBOW

No. 27376.

541 S.E.2d 576 (2000)

Richard AIKENS and Motel 81, Inc., d/b/a Martinsburg Econo-Lodge, Plaintiffs, v. Robert DEBOW and Craig Paving, Inc., Defendants.

Supreme Court of Appeals of West Virginia.

Decided November 6, 2000.

Concurring Opinion of Justice Starcher January 16, 2001.

Attorney(s) appearing for the Case

D. Michael Burke, Burke & Schultz, Martinsburg, for Plaintiffs.

Michael D. Lorensen, Tracey A. Rohrbaugh, Bowles Rice McDavid Graff & Love, PLLC, Martinsburg, for Defendants.

SCOTT, Justice.

This case arises upon certified question from the Circuit Court of Berkeley County and presents the issue of entitlement to recovery in tort of economic loss not accompanied by bodily injury or property damage, a matter not previously resolved with precision by this Court.

I. Factual and Procedural Background

Plaintiff1 Richard Aikens operates a motel and restaurant...

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