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SMITH v. RAVEN HOCKING COAL CORP.

No. 23405.

486 S.E.2d 789 (1997)

199 W.Va. 620

Dean W. SMITH, Plaintiff Below, Appellant v. RAVEN HOCKING COAL CORPORATION, an Ohio Corporation; Wampum Hardware Company, a Pennsylvania Corporation; Mack Energy Company, an Ohio Corporation; and Eastern Kentucky Explosives, a Kentucky Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 21, 1997.

Rehearing Refused June 5, 1997.

Attorney(s) appearing for the Case

Raymond G. Musgrave, Musgrave & Musgrave, Point Pleasant, for Appellant.

Randall L. Trautwein, Levy, Trautwein & Pancake, Huntington, for Appellee, Raven Hocking Coal Corporation.

J. Tyler Dinsmore, Flaherty, Sensabaugh & Bonasso, Charleston, for Appellee, Wampum Hardware Company.

Barry M. Taylor, Jenkins, Fenstermaker, Krieger, Kayes & Agee, Huntington, for Appellee, Mack Energy Company.

Edward M. Kowal, Jr., Laura Gray, Esq. Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, for Appellee, Eastern Kentucky Explosives.

PER CURIAM.

This is an appeal by Dean W. Smith from an order of the Circuit Court of Mason County, granting the appellees in this property damage case summary judgment on the ground that the appellant's action was barred by the statute of limitations. On appeal, the appellant claims that he was subjected to a continuing tort, and that under the principles set forth by this Court, the limitations period on the claim did not start running until shortly before he filed...

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