Mozingo v. Barnhart

McGraw, Justice:

This action arises under the wrongful death statute, W.Va. Code § 55-7-5 (1981 Replacement Vol.), for damages arising out of the shooting death of Allen Ray Mozingo by Clarence Barnhart, a deputy sheriff of Brooke County, West Virginia. The appellant, Russ Craft, was sheriff of Brooke County at the time of the death. The Circuit Court of Brooke County imposed vicarious liability for the negligent conduct of Clarence Barnhart thereby rendering the appellant finally responsible for the $10,587.50 verdict returned by the jury.

The events which formed the basis of this action…