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CUNNINGHAM v. MARTIN

No. 15311.

294 S.E.2d 264 (1982)

Mary Ellen CUNNINGHAM v. Elvin F. MARTIN.

Supreme Court of Appeals of West Virginia.

Rehearing Denied September 16, 1982.

Attorney(s) appearing for the Case

James B. McIntyre, John N. Charnock, Jr., Charleston, for appellant.

Preiser & Wilson, Stanley E. Preiser, William S. Druckman and William S. Steele, Charleston, for appellee.

HARSHBARGER, Justice:

Mary Ellen Cunningham sued Elvin Martin in Kanawha County Circuit Court for assault, battery and statutory insult, W.Va.Code, 55-7-2.1 Apparently they had a two and one-half hour altercation in an office of a public accounting firm, Martin and Cunningham. (This Cunningham was Mary Ellen's husband.) A jury found for Ms. Cunningham and awarded her $65,000 compensatory and $130,000 punitive damages.

Martin alleged...

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