Legal Opinion

Imperial v. United States

District Court, N.D. West Virginia

Decided November 26, 1990No. Civ. A. Nos. 88-0071-C(S), 88-0170-C(S)Published

1Opinion of the Court

MEMORANDUM OPINION

STAMP, District Judge.

Plaintiffs in the above-styled cases have filed a consolidated Plaintiffs’ Motion in Limine Regarding Damages. The Government has stipulated to liability in these two wrongful death cases. Plaintiffs have requested a determination with respect to two questions common to both cases concerning the scope of damages recoverable for wrongful death under West Virginia law and the Federal Tort Claims Act, codified at 28 U.S.C. § 2671, et seq. (the “FTCA”). Plaintiffs have framed the issues as follows:

A. Does the West Virginia Wrongful Death Statute, W.Va.Code…

2Cases cited12 opinions

  1. Roberts v. Stevens Clinic Hospital, Inc.West Virginia Supreme Court · 1986
  2. Bond v. City of HuntingtonWest Virginia Supreme Court · 1981
  3. William Flannery, Committee for Michael George Flannery v. United StatesCourt of Appeals for the Fourth Circuit · 1983
  4. Joseph A. D'AmbrA v. United StatesCourt of Appeals for the First Circuit · 1973
  5. Burke v. United StatesDistrict Court, D. Maryland · 1985

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