H. B. 3067
(By Delegates Manchin, Shott, Sponaugle, Fleischauer,
Walters, Caputo and Ellem)
[Introduced March 22, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact
§55-2-21
of the Code of West Virginia,
1931, as amended,
relating to limitations of actions and
suits; and
reducing the number of defendants named in the
beginning of a lawsuit by tolling the statute of limitations
against all tortfeasors upon filing
direct claims against
tortfeasors.
Be it enacted by the Legislature of West Virginia:
That
§55-2-21
of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-21. Statutes of limitation tolled on claims assertible in
civil actions when actions commence.
After a civil action is commenced, the running of any statute
of limitation shall be is tolled for, and only for, the pendency of
that civil action as to any claim which has been or may be asserted
therein by
direct claim against all tortfeasors,
counterclaim, whether compulsory or permissive, cross-claim or third-party
complaint: Provided, That if any such the permissive counterclaim
would be barred but for the provisions of this section, such the
permissive counterclaim may be asserted only in the action tolling
the statute of limitations under this section. This section shall
be deemed to toll tolls the running of any statute of limitation
with respect to any claim for which the statute of limitation has
not expired on the effective date of this section, but only for so
long as the action tolling the statute of limitations is pending.
NOTE: The purpose of this bill is to
reduce the number of
defendants named in the beginning of a lawsuit by tolling the
statute of limitations against all tortfeasors upon filing.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.