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KELLEY v. TOYOTA CORP.

Nos. 29337, 29338.

557 S.E.2d 315 (2001)

210 W.Va. 261

Grady Colin KELLEY, Plaintiff Below, Appellant v. TOYOTA, A CORPORATION, Defendant Below, Appellee and Frieda Kelley, Plaintiff Below, Appellant v. Toyota, A Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 29, 2001.

Attorney(s) appearing for the Case

C. Michael Sparks, Esq., Williamson, West Virginia, Attorney for Appellants.

Anita R. Casey, Esq., Renatha S. Garner, Esq., MacCorkle, Lavender & Casey, PLLC, Charleston, West Virginia, Attorneys for Appellee.

PER CURIAM:

The appellants in these two cases, Grady Colin Kelley and Frieda Kelley, his wife, instituted actions against Toyota, a corporation, in the Circuit Court of Mingo County.1 They, however, failed to perfect service of process on Toyota within the time prescribed by the law, and the circuit court, acting pursuant to Rule 4(k) of the West Virginia Rules of Civil Procedure, dismissed the actions for failure to effect timely service...

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