## Facts

- Carol Sue Bullman owned land adjacent to a tract where D & R Lumber Company was conducting timber operations.
- During those operations, D & R crossed the boundary onto Bullman’s property without authorization.
- D & R wrongfully removed 23 trees from Bullman’s land and caused additional physical damage, including harm to the land beyond the value of the cut timber.
- Bullman sued under W. Va. Code § 61-3-48a, which authorizes recovery of three times the value of wrongfully cut timber and states that the remedy is “in addition to and notwithstanding any other penalties by law provided.”
- A jury awarded Bullman $5,000 in compensatory damages and $25,000 in punitive damages.
- The trial court denied D & R’s post-trial motions and entered judgment on the verdict.

## Issues

1. Whether a plaintiff who seeks treble damages for wrongful cutting of timber under W. Va. Code § 61-3-48a is barred from also recovering common-law punitive damages as an impermissible double recovery.

## Decision

- The Supreme Court of Appeals of West Virginia affirmed the judgment.
- The court held that recovery of treble damages under W. Va. Code § 61-3-48a does not preclude an additional award of punitive damages.
- The punitive damages award was not barred merely because Bullman proceeded under the treble-damages statute.

## Legal Principles

- W. Va. Code § 61-3-48a is not an exclusive remedy; its “in addition to and notwithstanding any other penalties by law provided” language permits other lawful remedies.
- Treble damages under § 61-3-48a are treated primarily as remedial compensation (including incentives to pursue claims and associated costs), not solely punishment.
- Common-law punitive damages serve a distinct function: punishment and deterrence of willful or egregious misconduct.
- Awarding both statutory treble damages for wrongful timber cutting and punitive damages for culpable conduct and broader land injury is not automatically an impermissible double recovery, particularly where harms extend beyond timber value.

## Conclusion

The court upheld an award combining statutory treble damages for wrongful timber cutting and common-law punitive damages, concluding that § 61-3-48a does not bar punitive damages and that the remedies address different purposes and harms.


Bullman v. D & R Lumber Co., 464 S.E.2d 771 (W. Va. 1995)