James Arnold and Rebecca Paugh v. Heidi L‪.‬

1. The legislature amended W.Va. Code, 55-7-6 and 55-7-7 in 1989. The amendments deleted provisions which specified relatives and dependents who were entitled to share in the damage award. The legislature also removed the right of the jury or the court to distribute damages in such amounts and proportions as the court finds to be fair, just and equitable. Instead, the net proceeds of a damage award must now pass in accordance with the decedents will or, if there be no will, in accordance with the laws of descent and distribution.