## Facts

- Helen Tracy Carbasho was walking her dog, Groucho, in an alley around midnight in Follansbee, West Virginia, when a vehicle driven by Michael S. Musulin struck both.
- Carbasho was injured, and Groucho died shortly after the collision.
- Carbasho sued Musulin for personal injuries and for the dog’s death.
- The parties settled Carbasho’s bodily-injury claims, leaving only damages for the dog’s death.
- Musulin sought summary judgment, contending a dog is personal property and damages are limited to the dog’s fair market (assessed) value, estimated at $100–$150.
- The circuit court granted summary judgment, limiting recoverable damages for the dog’s death to fair market value.

## Issues

1. Whether, under West Virginia law, a dog is treated as personal property for purposes of tort damages.
2. Whether damages for the wrongful death of a pet dog are limited to fair market value or may include sentimental value, emotional distress, and emotional attachment.

## Decision

- The Supreme Court of Appeals of West Virginia affirmed the summary judgment order.
- The court held that a dog is personal property under West Virginia law.
- The court held that damages for the loss of a pet dog are limited to the dog’s fair market (assessed) value.
- The court rejected recovery for sentimental value, emotional distress, and emotional attachment arising from the dog’s death.

## Legal Principles

- Domestic animals such as dogs are classified as personal property under West Virginia law.
- For destruction of personal property, the standard measure of damages is the property’s fair market value at the time of loss.
- Absent statutory authorization or a recognized exception, sentimental value and emotional-distress damages are not recoverable as elements of damages for loss of personal property, including pets.
- Courts may decline to expand pet-loss damages beyond market value based on administrability and predictability concerns and leave any broader remedies to legislative action.

## Conclusion

West Virginia limits tort recovery for the death of a pet dog to the animal’s fair market value and does not permit additional damages for the owner’s sentimental loss or emotional distress.


Carbasho v. Musulin, 618 S.E.2d 368 (W. Va. 2005)