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GRAHAM v. ASBURY

No. 13-1244.

765 S.E.2d 175 (2014)

Patrick GRAHAM, as Executor of the Estate of Helen Graham; Yolanda Graham, Judy McNair, Beverly Riling, Barbara Laxton, and Frances Mikles, Jointly as Daughters/Beneficiaries of Helen Graham, Petitioners v. Robert ASBURY, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 22, 2014.

Attorney(s) appearing for the Case

Paul Stroebel, Esq. , Stroebel & Johnson, PLLC, Charleston, WV, for the Petitioners.

Pamela A. Lambert, Esq. , Karen S. Hatfield, Esq. , Lambert Law Offices, Gilbert, WV, for the Respondent.

In this appeal, we consider whether the estate of a distributee under the West Virginia wrongful death act may share in the proceeds of a wrongful death settlement when the distributee, an adult child of the wrongful death decedent, survived the decedent but died before the wrongful death lawsuit was settled and the settlement proceeds...

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