David M. Smith and Doris Smith v. The Velotta Company and Safety Caution Equipment Co.

Summary

The Supreme Court of Appeals of West Virginia affirmed the dismissal of David and Doris Smith’s personal-injury claims against The Velotta Company and Safety Caution Equipment Co. as barred by the applicable two-year statute of limitations. The court held that the discovery rule did not toll the limitations period because the plaintiffs knew of the accident and injuries and should have known, through reasonable diligence, the identities and alleged involvement of the respondents. The court also rejected the argument that the circuit court improperly weighed evidence or invaded the province of the jury.

Holdings

1. The discovery rule did not toll the limitations period because petitioners knew of Smith's injury and, through reasonable diligence, objectively should have known the identities of respondents and their alleged negligent conduct more than two years before filing suit.
2. The circuit court did not improperly weigh evidence or invade the jury's province; its factual findings and legal conclusions were supported by the record and legally sound.
3. The appeal was reviewed under the standard applicable to the underlying dismissal, with de novo review of the dismissal and summary judgment aspects of the ruling.

Questions Presented

1. Whether the discovery rule tolled the two-year statute of limitations for petitioners' personal-injury claims.
2. Whether the circuit court improperly invaded the province of the jury and weighed evidence when determining that petitioners knew or reasonably should have known the factual basis for their claims.
3. What standard of review governed the circuit court's dismissal and denial of the motion to alter ruling.

Disposition

affirmed