PENEGAR v. LIBERTY MUT. INS. CO.

No. 22-1940.

115 F.4th 294 (2024)

Carra Jane PENEGAR, Executrix of the Estate of Johnny Ray Penegar, Jr., individually and on behalf of others similarly situated, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY; Liberty Mutual Fire Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 19, 2024.


Attorney(s) appearing for the Case

ARGUED: Vernon Rollins Sumwalt, THE SUMWALT GROUP, Charlotte, North Carolina, for Appellant. Mihaela Cabulea, BUTLER WEIHMULLER KATZ CRAIG, LLP, Tampa, Florida, for Appellees. ON BRIEF: John Hughes, Mona Lisa Wallace, William Graham, Ed Pauley, WALLACE & GRAHAM, PA, Salisbury, North Carolina, for Appellant. Matthew J. Lavisky, BUTLER WEIHMULLER KATZ CRAIG LLP, Tampa, Florida, for Appellees.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Judge Gregory and Judge Rushing joined.


Carra Penegar appeals the district court's dismissal of her suit for lack of Article III standing. She argues on appeal that the district court erred by failing to recognize several injuries she sustained that establish her standing to sue. But we find that Penegar has not suffered a cognizable injury in fact that existed...

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