Whitlow v. Bd. of Educ. of Kanawha Cty.

MILLER, Justice:

In this appeal, we consider whether the general provision of W.Va.Code, 55-2-15 (1923), for tolling the statute of limitations period for suits brought by persons under a disability, has been superseded by the more restrictive tolling provision in the West Virginia Governmental Tort Claims and Insurance Act (Act), W.Va.Code, 29-12A-6 (1986). This latter section is applicable only to individuals suing political subdivisions. If we find that W.Va.Code, 29-12A-6, takes precedence over W.Va.Code, 55-2-15, we then must consider whether that statute violates our constitutional…