Toler v. Shelton

Berry, Chief Justice:

This case is here on certification from the Circuit Court of McDowell County on the joint motion of the parties. The questions certified arise out of the action of the circuit court in granting the motion of the plaintiff, Pierce Toler, to strike defenses of res judicata, statute of limitations and laches interposed by the State Farm Mutual Automobile Insurance Company, intervenor below.

On August 8, 1968, Pierce Toler and his wife, Pansy Toler, suffered personal injuries and property damage as a result of an automobile collision with the defendant, J. A. Shelton, an…