Albright v. White

DAVIS, CMef Justice:

The plaintiff below, and appellant herein, Richard Albright appeals an order of the Circuit Court of Harrison County, entered September 6,1996, dismissing his civil action as barred by the applicable statutory filing periods. On appeal to this Court, Albright contends that the circuit court erroneously determined his action to be time barred pursuant to W. Va.Code § 55-2-15 (1923) (Repl. Vol.1994) and W. Va.Code § 55-2-12(b) (1959) (Repl.Vol.1994) when, pursuant to the “discovery rule,” he claims that his complaint was timely filed. He also asserts that W. Va.Code §…