H. B. 4584
(By Delegate Shook)
[Introduced
February 19, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §55-2-21 of the Code of West Virginia,
1931, as amended, relating to adding the tolling provision to
direct claims against tortfeasors.
Be it enacted by the Legislature of West Virginia:
That §55-2-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-21. Statutes of limitation tolled on claims assertible in
civil actions when actions commence.
After a civil action is commenced, the running of any statute
of limitation
shall be is tolled for, and only for, the pendency of
that civil action as to any claim which has been or may be asserted
therein in the action by
direct claim against all tortfeasors,
counterclaim, whether compulsory or permissive, cross-claim or
third-party complaint:
Provided, That if
any such a permissive counterclaim would be barred but for the provisions of this
section,
such the permissive counterclaim may be asserted only in
the action tolling the statute of limitations under this section.
This section
shall be deemed to toll tolls the running of any
statute of limitation with respect to any claim for which the
statute of limitation has not expired on the effective date of this
section, but only for so long as the action tolling the statute of
limitations is pending.
NOTE: The purpose of this bill is to reduce the number of
defendants named in the beginning of a lawsuit by tolling the
statute of limitations against all tortfeasors upon filing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.