Gregory S. Moore, O.D. v. Lawrence M. Minardi, M.D., individually, and Minardi Eye Center, Inc., a West Virginia Corporation

Summary

The Supreme Court of Appeals of West Virginia affirmed summary judgment for Lawrence M. Minardi, M.D., and Minardi Eye Center, Inc., holding that Gregory S. Moore, O.D.’s tortious-interference claims were barred by the two-year statute of limitations. The court concluded that any actionable conduct occurred by the end of 2013, rejected the continuing-tort theory, and found no basis for fraudulent concealment or other tolling.

Holdings

1. Dr. Moore’s tortious-interference claims were time-barred because the alleged elements of the claims occurred, if at all, before January 2014, and he knew or should have known no later than the end of 2013 that the limitations period had begun to run.
2. The alleged 2015 conduct did not establish a continuing tort because the 2015 screening certificate was not followed by litigation and the 2015 letter did not contain new allegations against Dr. Moore that had not been made before the end of 2013.
3. The circuit court did not err in granting respondents’ motion for summary judgment.

Questions Presented

1. Whether the circuit court properly granted summary judgment on the ground that Dr. Moore’s tortious-interference claims were barred by the two-year statute of limitations.
2. Whether Dr. Minardi’s 2015 screening certificate and 2015 letter constituted continuing tortious conduct sufficient to extend or restart the limitations period.
3. Whether any discovery-rule, fraudulent-concealment, or other tolling doctrine avoided the limitations bar.

Disposition

affirmed