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WILLEY v. BRACKEN

No. 35519.

719 S.E.2d 714 (2010)

Jill WILLEY, Individually, and Mike Willey, Plaintiffs, v. Samuel J. BRACKEN, Jr., M.D., Defendant.

Supreme Court of Appeals of West Virginia.

Decided October 14, 2010.

Attorney(s) appearing for the Case

David S. Givens, Phillip T. Glyptis, Flaherty Sensabaugh Bonasso, PLLC, Wheeling, WV, for Defendant.

David A. Jividen, Chad C. Groome, Jividen Law Offices, PLLC, Wheeling, WV, for Plaintiffs.

DAVIS, Chief Justice:

In this certified question action, this Court is asked to determine the application of the West Virginia borrowing statute, i.e., W. Va. Code § 55-2A-2 (1959) (Repl.Vol.2008),1 to a medical malpractice action where the initial act of negligence occurred in a foreign jurisdiction, but further injuries related to that negligence occurred in West Virginia. We find that the borrowing statute has no application...

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