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PERDUE v. HESS

No. 23745.

484 S.E.2d 182 (1997)

199 W.Va. 299

Katherine Day PERDUE and Bobby Ray Perdue, Plaintiffs, v. Polly Vera HESS, Defendant.

Supreme Court of Appeals of West Virginia.

Decided February 21, 1997.

Attorney(s) appearing for the Case

Benjamin F. Yancey, Jr., Charleston, for Plaintiffs.

Colin M. Cline, Ben B. White, III, White & Henderson, Princeton, for Defendant.

DAVIS, Justice:

This case is before the Court upon the certified question of the Circuit Court of Mercer County. The parties, motorists involved in an automobile accident, request this Court to determine whether the excusable neglect of an attorney may operate to toll the personal injury statute of limitations provided by W. Va.Code § 55-2-12 (1959) (Repl. Vol.1994). We answer the certified question in the negative. We hold that the excusable neglect of an attorney...

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