Skip to main content
· 12/19/1991

Miller v. Romero

Citations

  • 413 S.E.2d 178
  • 186 W. Va. 523
  • 1991 W. Va. LEXIS 260

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discovery rule does not apply; however public policy requires extension of time limitation if defendant committed fraud or concealment of material facts surrounding the death
  • discovery rule does not apply; however public policy requires extension of time limitation if defendant committed fraud or concealment of material facts surrounding the death
  • overruled on other grounds by Bradshaw v. Soulsby, 210 W.Va. 682, 558 S.E.2d 681 (2001)
  • overruled on other grounds by Bradshaw v. Soulsby, 210 W.Va. 682, 558 S.E.2d 681 (2001)
  • It is against the remedial purpose of the statute and equity to allow a party to mislead the injured party until the statute of limitations runs, and thus avoid liability.
  • statute has a remedial, but not punitive, purpose

Source: CourtListener parenthetical corpus (CC0).

Judges: Brotherton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.