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MILLER v. MONONGALIA COUNTY BD. OF EDUC.

No. 29695.

556 S.E.2d 427 (2001)

210 W.Va. 147

Erika L. MILLER, Plaintiff Below, Appellant v. MONONGALIA COUNTY BOARD OF EDUCATION, A Political Subdivision, John Doe and Jane Doe, Defendants Below, Appellees

Supreme Court of Appeals of West Virginia.

Decided November 14, 2001.

Concurring Opinion of Justice Starcher December 13, 2001.

Attorney(s) appearing for the Case

Wesley W. Metheney, Esq., Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheney, Morgantown, West Virginia, Attorneys for Plaintiff Below, Appellant.

Nancy W. Brown, Esq., Rodney L. Bean, Esq., Steptoe & Johnson, Clarksburg, West Virginia, Attorneys for Defendants Below, Appellees.

MAYNARD, Justice:

The appellant, Erika L. Miller, contends the Circuit Court of Monongalia County erred by dismissing her complaint against the Monongalia County Board of Education by order entered on January 16, 2001. She believes the discovery rule applies to the general statute of limitations referenced in W.Va.Code § 55-2-15 (1923). We agree and reverse.

I.

FACTS

The appellant instituted this civil action against the Monongalia...

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