Bradshaw v. Soulsby

STARCHER, Justice.

In this appeal from the Circuit Court of Kanawha County, the appellant challenges the circuit court’s dismissal of her wrongful death action. The circuit court ruled that the discovery rule does not apply to toll the 2-year statute of limitation in wrongful death actions, and concluded that the appellant’s lawsuit — which was filed 2 years and 3 days after the decedent’s death — was untimely.

*685As set forth below, we reverse the circuit court’s dismissal order, and hold that the discovery rule may be applied to toll the statute of limitation in wrongful death actions.

I

Facts &…