H. B. 4422
(By Delegate Hunt)
[Introduced February 6, 2006; 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.