McDavid v. United States

(Filed July 7, 2003)

The majority opinion is result-driven and without a scintilla of legal support. In order to reach its desired result, the majority cavalierly disregards plain statutory language, ignores recent declarations of this Court, and tosses aside the Court’s traditional rales of statutory construction.

The majority’s newfangled construction of the wrongful death act relies entirely on the words “but may not be limited to” found in W.Va.Code § 55-7-6(c)(l) (1992).1 According to the majority, these words give a jury in a wrongful death case “almost unfettered discretion” in awarding…