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CARBASHO v. MUSULIN

No. 32288.

618 S.E.2d 368 (2005)

217 W.Va. 359

Helen Tracy CARBASHO, Plaintiff Below, Appellant, v. Michael S. MUSULIN, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: July 1, 2005.

Attorney(s) appearing for the Case

David A. Jividen, Esq., Tiffany E. Davis, Esq., Jividen Law Offices, PLLC, Wheeling, for Appellant.

W. Gus Saines, Esq., McDermott & Bonenberger, PLLC, Wheeling, for Appellee.

Karen Kahle, Esq., Steptoe & Johnson, PLLC, Wheeling, for Amicus Curiae Animal Legal Defense Fund.

Justice MAYNARD delivered the Opinion of the Court.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

MAYNARD, Justice.

This case is before this Court upon appeal of a final order of the Circuit Court of Brooke County entered on March 31, 2004. In that order, the circuit court granted summary judgment in favor of the appellee and defendant below, Michael Musulin, finding that the measure of property damages for the loss...

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