Perdue v. Hess

DAVIS, Justice:

This case is before the Court upon the certified question of the Circuit Court of Mercer County. The parties, motorists involved in an automobile accident, request this Court to determine whether the excusable neglect of an attorney may operate to toll the personal injury statute of limitations provided by W. Va.Code § 55-2-12 (1959) (Repl. Vol.1994). We answer the certified question in the negative. We hold that the excusable neglect of an attorney does not toll the statute of limitations in a personal injury case.

I

FACTUAL AND PROCEDURAL HISTORY

The parties do not contest the…