Willey v. Bracken

DAVIS, Chief Justice:

In this certified question action, this Court is asked to determine the application of the West Virginia borrowing statute, i.e., W. Va. Code § 55-2A-2 (1959) (Repl.Vol.2008),1 to a medical malpractice action where the initial act of negligence occurred in a foreign jurisdiction, but further injuries related to that negligence occurred in West Virginia. We find that the borrowing statute has no application to the unique facts presented in this action.

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FACTUAL AND PROCEDURAL HISTORY

In the action underlying this certified question, it has been alleged that Jill Willey…