Worley v. Beckley Mechanical, Inc.

MAYNARD, Justice.

The Appellants, Michael and Cynthia Wor-ley, appeal the December 13, 2005, order of the Circuit Court of Raleigh County that dismissed with prejudice their complaint based on the court’s finding that the complaint was not filed within the applicable statute of limitations. For the reasons set forth below, we reverse the circuit court’s order and remand for further proceedings consistent with this opinion.

I

FACTS

On the morning of Sunday, May 28, 2000, Michael Worley, Appellant and Plaintiff below, was working as a pipe fitter for Appel-lees, Beckley Mechanical, Inc., and West…