Legal Opinion

Cart v. Marcum

West Virginia Supreme Court

Decided November 12, 1992No. 21172PublishedCited by 75 opinions

1Opinion of the Court

NEELY, Justice:

In this case we are asked to determine what circumstances toll the statute of limitations in a tort case because of lack of knowledge of the wrong by the plaintiff. Mr. Cart, the plaintiff below, filed his suit more than two years after an alleged conversion of his timber took place, but contends that the suit was filed within two years of the time he discovered the tort and who had committed it. Although we agree that under certain circumstances the statute of limitations may be tolled until dis covery, the general rule is that the statute of limitations begins to run when the…

2Cases cited14 opinions

  1. Hansen v. AH Robins, Inc.Wisconsin Supreme Court · 1983
  2. Morgan v. Grace Hospital, Inc.West Virginia Supreme Court · 1965
  3. Hundley v. MartinezWest Virginia Supreme Court · 1967
  4. Slack v. Kanawha County Housing & Redevelopment AuthorityWest Virginia Supreme Court · 1992
  5. Family Savings and Loan, Inc. v. CiccarelloWest Virginia Supreme Court · 1974

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3Cited by75 opinions

  1. Dunn v. RockwellWest Virginia Supreme Court · 2009
  2. Powderidge Unit Owners Ass'n v. Highland Properties, Ltd.West Virginia Supreme Court · 1996
  3. Gaither v. City Hospital, Inc.West Virginia Supreme Court · 1997
  4. Keesecker v. BirdWest Virginia Supreme Court · 1997
  5. Bradshaw v. SoulsbyWest Virginia Supreme Court · 2001

70 more not listed; retrieve them via the Exa API.

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