Stare v. Pearcy

HAYNSWORTH, Chief Judge:

Giving West Virginia’s “savings statute” permitting the commencement of a new action after dismissal of a previous action without resolution of the merits a narrow reading, the district judge dismissed this action on the ground that West Virginia’s two-year statute of limitations had run before the action’s commencement. We think the savings statute should receive a broader construction and reverse.

The plaintiffs, husband and wife and citizens of Ohio, received personal injuries when their automobile was involved in a collision in West Virginia with an automobile being…