Durham v. Jenkins, 229 W. Va. 669 (W.Va. Sup. Ct. 2012)

(dog owners sought review of a denial of their motion to dismiss and the magistrate court’s order requiring their dog to be euthanized under state statute; lawsuit arose out of a child’s injuries from dog; child’s parents filed civil suit seeking destruction of dog pursuant to state statute; appellate court held statute did not contain a private cause of action and suit should have been dismissed; dissent argued that facts of case were too horrific and that private individuals should not have to acquire criminal judicial determination that dog at issue is vicious or dangerous before dog could be ordered euthanized).