Tice v. E. I. Du Pont De Nemours & Co.

I agree with the majority decision in holding that the defendant is not liable. I dissent from that part of the decision which holds that the applicable statute of limitations is two years.

If A commits a personal injury tort against B in West Virginia and neither party dies, B must sue A within one year from the date when the injury occurred. Jones v. Jones, 133 W. Va. 306, 58 S. E. 2d 857. The majority holds that if A commits the same kind of a tort against B, in the State of Ohio, then B may sue A in West Virginia within two years from the date when the injury occurred. This result is…