Summary
The Supreme Court of Appeals of West Virginia reversed the dismissal of Michael and Cynthia Worley’s personal-injury complaint as untimely. The court held that mental illness may toll the statute of limitations under West Virginia Code § 55-2-15 when the interval between the tortious act and resulting mental illness is so brief that the plaintiff could not reasonably take steps to enforce legal rights. The case was remanded for a determination of when Michael Worley regained sanity and whether the complaint was then timely filed.
Holdings
- Mental illness may toll commencement of the statute of limitations under W. Va. Code § 55-2-15 when the interval between the tortious act and resulting mental illness was so brief that the plaintiff, acting with diligence, could not reasonably have taken steps to enforce legal rights during that interval; the illness need not have existed at the precise moment of injury.
- The circuit court clearly erred in finding that Worley remained sane through June 3, 2000; the evidence supported that his mental illness began approximately May 30, and the interval between the injury and resulting mental incompetence was so brief that he could not reasonably have taken steps to enforce his rights.
- Remand was required because the circuit court had not determined when Worley became sane, which was necessary to calculate when the limitations period began and whether the complaint was timely.
Questions Presented
- Whether mental illness must exist at the exact moment a personal-injury cause of action accrues in order to toll the statute of limitations under W. Va. Code § 55-2-15.
- Whether the evidence clearly established that Worley's mental illness occurred so soon after the injury that he could not reasonably have taken steps to enforce his legal rights.
- Whether remand was required for the circuit court to determine when Worley became sane and whether the complaint was filed within two years thereafter.
Disposition
reversed_and_remanded
Cases Cited (19)
- Public Citizen, Inc. v. First National Bank, 198 W. Va. 329, 480 S.E.2d 538 (1996)(followed)
- State v. Elder, 152 W. Va. 571, 165 S.E.2d 108 (1968)(followed)
- Jones v. Trustees of Bethany College, 177 W. Va. 168, 351 S.E.2d 183 (1986)(partially limited)
- West Virginia Human Rights Commission v. Garretson, 196 W. Va. 118, 468 S.E.2d 733 (1996)(followed)
- Keatley v. Mercer County Board of Education, 200 W. Va. 487, 490 S.E.2d 306 (1997)(followed)
- Whitlow v. Board of Education of Kanawha County, 190 W. Va. 223, 438 S.E.2d 15 (1993)(followed)
- Kyle v. Green Acres at Verona, Inc., 44 N.J. 100, 207 A.2d 513 (1965)(followed by analogy)
- Perdue v. Hess, 199 W. Va. 299, 484 S.E.2d 182 (1997)(followed)
- Albright v. White, 202 W. Va. 292, 503 S.E.2d 860 (1998)(followed)
- Cobb v. Nizami, 851 F.2d 730 (4th Cir. 1988)(described)
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Court Document
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