Bullman v. D & R LUMBER CO.

CLECKLEY, Justice:

In this case, we consider whether a plaintiff who elects to seek treble damages for the wrongful cutting of timber as provided by W.Va.Code, 61-3-48a (1983), 1 may also seek punitive damages. The question before us is unanswered by any binding precedent of this Court. To the contrary, we declined the invitation to address this very issue in Chesser By Hadley v. Hathaway, 190 W.Va. 594, 439 S.E.2d 459 (1993). Today we hold that an award of punitive damages is not precluded by the recovery of treble damages under the statute.

D & R Lumber Company, the defendant below and…