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Introduced Version House Bill 2773 History

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hb2773 intr
H. B. 2773


(By Delegate Hunt)
[Introduced March 1, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-2-18a, relating to providing that the applicable statute of limitations is tolled as to all potential third-party defendants after an initial tortfeasor is sued.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-2-18a,
to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-18a. Tolling of time limit to file action against other third parties after initial action is filed.

In the event an action is timely filed for an injury or loss in which other third parties unnamed in the action, either known or unknown, may be liable, in whole or in part, the applicable limitation period to file and perfect the action as to the other third parties shall be tolled until such time as the underlying action is fully resolved.



NOTE: The purpose of this bill is to provide that the applicable statute of limitations is tolled as to all potential third-party defendants after an initial tortfeasor is sued.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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