§55-7-8a. Actions which survive; limitations; law governing such actions.
(a) In addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, injuries to the person and not resulting in death, deceit or fraud, or any violations of §46A-1-101 et. seq. of this code, also survive; and such actions may be brought notwithstanding the death of the person entitled to recover or the death of the person liable.
(b) If any action is begun during the lifetime of the injured party, and within the period of time permissible under the applicable statute of limitations as provided by §55-2-1 et seq. of this code and §55-2A-1 et seq. of this code, (either against the wrongdoer or his or her personal representative), and the injured party dies pending the action it may be revived in favor of the personal representative of the injured party and prosecuted to judgment and execution against the wrongdoer or personal representative.
(c) If the injured party dies before having begun an action and it is not at the time of his or her death barred by the applicable statute of limitations under the provisions of §55-2-1 et seq. of this code and §55-2A-1 et seq. of this code the action may be begun by the personal representative of the injured party against the wrongdoer or personal representative and prosecuted to judgment and execution against the wrongdoer or his or her personal representative. Any action shall be instituted within the same period of time that would have been applicable had the injured party not died.
(d) If an action mentioned in the subsections (a), (b) and/or (c) of this section have been begun against the wrongdoer and he or she dies during the pendency thereof, it may be revived against the personal representative of the wrongdoer and prosecuted to judgment and execution.
(e) The applicable provisions of §56-8-1 et seq. of this code govern the actions hereinabove mentioned, with reference to their abatement, revival, discontinuance, reinstatement, and substitution of parties.
(f) Nothing contained in this section shall be construed to extend the time within which an action for any other tort shall be brought, nor to give the right to assign a claim for a tort not otherwise assignable.
Notes of Decisions
Mack-Evans v. Hilltop Healthcare Ctr., Inc., 700 S.E.2d 317 (W. Va. 2010).
· cites it 23× “Evans brought her personal injury claim under W. Va.Code § 55-7-8a. It is this statute that controls the running of the statute of limitations and not the decision in Hoge .”
Wilt v. State Auto. Mut. Ins., 506 S.E.2d 608 (W. Va. 1998).
· cites it 19× “10 West Virginia Code § 55-7-8a states: “(a) In addition to the causes of action which survive at common law, 11 causes of action for injuries to the property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, also shall survive..”
Courtney v. Courtney, 437 S.E.2d 436 (W. Va. 1993).
· cites it 12× “The reason is two-fold. First, these subsections do not contain any requirement as to survivability, but merely express a stated period in which the actions must be brought.”
Stanley v. Sewell Coal Co., 285 S.E.2d 679 (W. Va. 1982).
· cites it 11× “Code, 55-2-12(b), since his action can be considered as one for fraud and deceit which is given survivability under W.Va.Code, 55-7-8a. I. Stanley was an employee at will with none of the terms or conditions of his employment being the subject of a written contract.”
Snodgrass v. Sisson's Mobile Home Sales, Inc., 244 S.E.2d 321 (W. Va. 1978).
· cites it 11× “Code, 55-2-12, must be read in pari materia with W.Va. Code, 55-7-8a, since both relate *593 to the same subject matter and were adopted as a part of a common plan.”
Wanda Williams v. CMO Mgmt., LLC, 803 S.E.2d 500 (W. Va. 2016).
· cites it 21× “Because West Virginia Code § 55-7-8a(c) incorporates the general disability' savings statute, the tolling provisions of the general disability savings statute apply to a medical malpractice cause of action brought by a personal representative under authority of West Virginia…”
Funeral Servs. by Gregory, Inc. v. Bluefield Cmty. Hosp., 413 S.E.2d 79 (W. Va. 1991).
· cites it 6× “*430 Even though “misrepresentation” is not listed in W.Va.Code § 55-7-8a along with “deceit” and “fraud,” we believe that it is “sufficiently related to an action for fraud and deceit so that the two-year statute of limitations applies under W.”
Bell v. Bd. of Educ. of Cnty. of Fayette, 290 F. Supp. 2d 701 (S.D. W. Va. 2003).
· cites it 8× “The general state survival statute is West Virginia Code § 55-7-8a, which provides “In addition to the causes of action which survive at common law, causes of action for .”
Bowyer v. Hi-Lad, Inc., 609 S.E.2d 895 (W. Va. 2004).
· cites it 4× “[11] We note that the appellant does not challenge the circuit court's determination that "the causes of action set forth [in the amended third-party complaint] may be time-barred pursuant to the statute of limitations applicable to claims for fraud and/or negligence, see W.Va…”
Slack v. Kanawha Cnty. Hous. & Redevelopment Auth., 423 S.E.2d 547 (W. Va. 1992).
· cites it 3× “2d 321 (1978), we recognized that this provision must be read in pari materia with W.Va. Code, 55-7-8a(a) (1959), which specifies that “[i]n addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to…”
W. Va. Code § 55-7-8a(a): 28 cases
Courtney v. Courtney, 437 S.E.2d 436 (W. Va. 1993).
“The reason is two-fold. First, these subsections do not contain any requirement as to survivability, but merely express a stated period in which the actions must be brought.”
Wilt v. State Auto. Mut. Ins., 506 S.E.2d 608 (W. Va. 1998).
“10 West Virginia Code § 55-7-8a states: “(a) In addition to the causes of action which survive at common law, 11 causes of action for injuries to the property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, also shall survive..”
Snodgrass v. Sisson's Mobile Home Sales, Inc., 244 S.E.2d 321 (W. Va. 1978).
“Code, 55-2-12, must be read in pari materia with W.Va. Code, 55-7-8a, since both relate *593 to the same subject matter and were adopted as a part of a common plan.”
Slack v. Kanawha Cnty. Hous. & Redevelopment Auth., 423 S.E.2d 547 (W. Va. 1992).
“2d 321 (1978), we recognized that this provision must be read in pari materia with W.Va. Code, 55-7-8a(a) (1959), which specifies that “[i]n addition to the causes of action which survive at common law, causes of action for injuries to property, real or personal, or injuries to…”
W. Va. Code § 55-7-8a(b): 4 cases
Courtney v. Courtney, 437 S.E.2d 436 (W. Va. 1993).
“The reason is two-fold. First, these subsections do not contain any requirement as to survivability, but merely express a stated period in which the actions must be brought.”
W. Va. Code § 55-7-8a(c): 5 cases
Mack-Evans v. Hilltop Healthcare Ctr., Inc., 700 S.E.2d 317 (W. Va. 2010).
“Evans brought her personal injury claim under W. Va.Code § 55-7-8a. It is this statute that controls the running of the statute of limitations and not the decision in Hoge .”
Wanda Williams v. CMO Mgmt., LLC, 803 S.E.2d 500 (W. Va. 2016).
“Because West Virginia Code § 55-7-8a(c) incorporates the general disability' savings statute, the tolling provisions of the general disability savings statute apply to a medical malpractice cause of action brought by a personal representative under authority of West Virginia…”
Bell v. Bd. of Educ. of Cnty. of Fayette, 290 F. Supp. 2d 701 (S.D. W. Va. 2003).
“The general state survival statute is West Virginia Code § 55-7-8a, which provides “In addition to the causes of action which survive at common law, causes of action for .”
W. Va. Code § 55-7-8a(e): 1 case
Mack-Evans v. Hilltop Healthcare Ctr., Inc., 700 S.E.2d 317 (W. Va. 2010).
“Evans brought her personal injury claim under W. Va.Code § 55-7-8a. It is this statute that controls the running of the statute of limitations and not the decision in Hoge .”
W. Va. Code § 55-7-8a(f): 4 cases
Wilt v. State Auto. Mut. Ins., 506 S.E.2d 608 (W. Va. 1998).
“10 West Virginia Code § 55-7-8a states: “(a) In addition to the causes of action which survive at common law, 11 causes of action for injuries to the property, real or personal, or injuries to the person and not resulting in death, or for deceit or fraud, also shall survive..”
Snodgrass v. Sisson's Mobile Home Sales, Inc., 244 S.E.2d 321 (W. Va. 1978).
“Code, 55-2-12, must be read in pari materia with W.Va. Code, 55-7-8a, since both relate *593 to the same subject matter and were adopted as a part of a common plan.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.