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MARTINEZ v. ASPLUNDH TREE EXPERT CO.

No. 17-0039.

803 S.E.2d 582 (2017)

Helio MARTINEZ, Petitioner v. ASPLUNDH TREE EXPERT CO., Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 16, 2017.

Attorney(s) appearing for the Case

Allan N. Karlin, Esq , Jane E. Peak, Esq. , Benjamin J. Hogan, Esq. , Allan N. Karlin & Associates, Morgantown, West Virginia, Counsel for Petitioner

Joseph U. Leonoro, Esq. , Steptoe & Johnson PLLC, Charleston, West Virginia, Michael J. Moore, Esq. , Steptoe & Johnson PLLC, Bridgeport, West Virginia, Counsel for Respondent

This case is before us on two certified questions from the United States District Court for the Northern District of West Virginia. We consider whether two recently enacted statutes relating to damages — West Virginia Code §§ 55-7-29 and 55-7E-3 — apply in a trial conducted after the effective date of the...

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