McKinney v. Fairchild International, Inc.

STARCHER, Justice:

The legal question presented in this appeal concerns whether the Kentucky or the West Virginia savings statute applies when a second action is filed in a West Virginia circuit court after the original action, which was timely filed in a federal court located in West Virginia, was dismissed. The Circuit Court of Raleigh County, by summary judgment, dismissed the complaint of Charles and Sandra K. McKinney against Fairchild International, Inc. (“Fairchild”) based on its findings that the complaint was filed in the circuit court beyond Kentucky’s one-year statute of limitation…