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BIG LOTS STORES, INC. v. ARBOGAST

No. 11-1260.

723 S.E.2d 846 (2012)

BIG LOTS STORES, INC., Petitioner v. Rebecca ARBOGAST and Kevin M. Arbogast, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 9, 2012.

Attorney(s) appearing for the Case

Carol P. Smith , Harold F. Salsbery , Frost, Brown & Todd, Charleston, WV, for Petitioner.

Richard D. Dunbar , Dunbar & Fowler, Parkersburg, WV, for Respondents.

PER CURIAM:

Big Lots Stores, Inc. ("Big Lots") appeals from the July 16, 2010, order of the Circuit Court of Wood County setting aside the jury verdict entered in this matter and granting Appellees Rebecca Arbogast and Kevin Arbogast a new trial solely on the issue of damages. As grounds for its decision, the trial court ruled that the jury's decision to award damages for past and future medical expenses but not to award damages for past and future pain and suffering...

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