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GOODWIN v. BAYER CORP.

No. 32654.

624 S.E.2d 562 (2005)

218 W.Va. 215

John Edward GOODWIN, Plaintiff Below, Appellant v. BAYER CORPORATION, et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2005.

Dissenting Opinion of Justice Starcher December 16, 2005.

Attorney(s) appearing for the Case

Vincent Trivelli, Esq., Stuart Calwell, Esq., The Calwell Practice, PLLC, Charleston, for Appellant.

April Morgan Hincy, Esq., Timothy S. Coon, Esq., Eckert Seamans Cherin & Mellott, PLLC, Pittsburgh, PA, for Appellee Bayer Corp.

Melvin F. O'Brien, Esq., Christopher D. Stofko, Esq., James R. Miller, Esq., Dickie, McCamey & Chilcote, Pittsburgh, PA, for Appellee PPG Industries, Inc., the Sherwin-Williams Company.

Thomas V. Flaherty, Esq., Tammy R. Harvey, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, for Appellee Rust-Oleum.

James S. Crockett, Jr., Esq., Beth A. Rauer, Esq., Spilman Thomas & Battle, PLLC, Charleston, for Appellee E.I. DuPont de Nemours and Company.

Melvin F. O'Brien, Esq., Randall L. Trautwein, Esq., Lamp, O'Dell, Bartram, Levy & Trautwein, PLLC, Huntington, for Appellee Refinishing Material Specialties, Inc.

PER CURIAM.

This case is before the Court on appeal from the August 25, 2004, Order of the Circuit Court of Kanawha County granting summary judgment in favor of the Appellees and finding that there was no genuine issue of material fact as to whether Appellant had filed the underlying action outside of the period allowed by the statute of limitations. Finding that Appellant had filed his complaint outside of the period allowed by the statute of limitations, the court...

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