Gibson v. West Virginia Department of Highways

MILLER, Chief Justice:

This certified question from the Circuit Court of Nicholas County 1 asks whether W.Va.Code, 55-2-6a, which bars the filing of a suit for design or construction defects against architects, builders, and others ten years after the construction project is complete, violates the constitutional guarantees of substantive due process, equal protection, and access to the courts. 2 We find this statute to be constitutional.

I

FACTS

On December 8, 1987, the plaintiffs, Janet L. Gibson and Carol L. Holcomb, were injured when the vehicle they were riding in collided with a truck at an…