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McDAVID v. U.S.

No. 30740.

584 S.E.2d 226 (2003)

213 W.Va. 592

Naomi MCDAVID, on her own behalf and as the personal representative of Oney McDavid, deceased, Plaintiff, v. UNITED STATES of America, Defendant.

Supreme Court of Appeals of West Virginia.

Decided July 3, 2003.

Concurring Opinion of Justice Maynard July 7, 2003.

Attorney(s) appearing for the Case

Stuart Calwell, Esq., David H. Carriger, Esq., Law Office of Stuart Calwell, Charleston, West Virginia, Attorneys for the Plaintiff.

Kasey Warner, United States Attorney, Stephen M. Horn, Sandra Henson Kinney, Assistant United States Attorneys, Charleston, Ray L. Hampton, II, Special Assistant United States Attorney, Huntington, West Virginia, Attorneys for Defendant.

STARCHER, Chief Justice:

This case is before the Court upon a question certified from the United States District Court for the Southern District of West Virginia. By order entered December 17, 2001, the district court presented the following certified question:

Whether a decedent's beneficiaries may recover damages for a decedent's pain and suffering, incurred between the time of injury and the time of death, where the injuries result in death but the decedent...

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