Miller v. Monongalia County Board of Education

556 S.E.2d 427, 210 W. Va. 147
CourtWest Virginia Supreme Court
DecidedDecember 13, 2001
Docket29695
StatusPublished
Cited by13 cases

This text of 556 S.E.2d 427 (Miller v. Monongalia County Board of Education) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Monongalia County Board of Education, 556 S.E.2d 427, 210 W. Va. 147 (W. Va. 2001).

Opinions

[148]*148MAYNARD, 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 County Board of Education (Board) due to alleged conduct of the Board which occurred independent of the crimes committed by Donald McIntosh, a [149]*149middle school teacher employed by the Board. During the 1989-90 school year, the appellant was enrolled as a student in McIntosh’s class at South Junior High School. McIntosh possessed a lustful disposition toward children and targeted the appellant as a victim. The teacher began intentionally mis-grading the appellant’s tests and asked her to stay after school to retake the exams for extra credit. During these after-school sessions, McIntosh offered Miller the opportunity to retake the exams only if she would ride with him, to collect newspaper route fees. McIntosh began fondling the appellant as she rode with him in his automobile. The sexual abuse inflicted upon the appellant ended when she graduated from ninth grade and enrolled in high school the following academic year.

McIntosh was subsequently convicted of three counts of third degree sexual assault. The convictions were affirmed by this Court in State v. McIntosh, 207 W.Va. 561, 534 S.E.2d 757 (2000). The appellant then filed this civil action seeking to hold the Board legally responsible for the injuries and damages she sustained as a minor.1 She accused the Board of negligently failing to protect her from the sexual abuse inflicted upon her by McIntosh. She contends an investigation conducted by her counsel following McIntosh’s criminal trial and appeal revealed the Board failed to report McIntosh’s sexual deviant behavior to the appropriate authorities; fraudulently concealed material facts regarding the Board’s involvement and knowledge of the sexual misconduct; destroyed documentary evidence of alleged sexual deviant behavior in McIntosh’s personnel file; transferred McIntosh between school districts in an effort to obfuscate the sexual deviant behavior; and continued to provide McIntosh with unfettered and unsupervised access to the school children in the county.

The Board filed a motion to dismiss,2 or in the alternative, a motion for summary judgment3 stating that the statute of limitations had expired. After hearing arguments of counsel and studying relevant legal authority, the circuit court determined that “‘[t]he plain language of West Virginia Code § 55-2-15 (1923) (Repl.Vol.1994) clearly prohibits the application of the discovery rule to extend the statutory filing periods provided by this section.’ Syl. Pt. 5 Albright v. White, [202 W.Va. 292, 503 S.E.2d 860 (1998)].” The court dismissed the complaint by order entered on January 16, 2001. The appellant appeals from this order.

II.

STANDARD OF REVIEW

“Appellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syllabus Point 2, State ex rel. McGraw v. Scott Runyan Pontiac-Buick, 194 W.Va. 770, 461 S.E.2d 516 (1995). In order to determine whether the circuit court properly granted dismissal, the appellant requests that we interpret W.Va. Code § 55-2-15 to ascertain whether the discovery rule may apply to extend the statute of limitations. ‘ “ ‘ “Where the issue on an appeal from the circuit court is clearly a question of law or involving the interpretation of a statute, we apply a de novo standard of review.’ Syllabus point 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).” Syllabus point 1, University of West Virginia Board of Trustees ex rel. West Virginia University v. Fox, 197 W.Va. 91, 475 S.E.2d 91 (1996).’ Syllabus point 3, Ewing v. Board of Education of County of Summers, 202 W.Va. 228, 503 S.E.2d 541 (1998).” Syllabus Point 2, Albright v. White, 202 W.Va. 292, 503 S.E.2d 860 (1998).

III.

DISCUSSION

On appeal, the appellant contends the circuit court erred by concluding that the [150]*150plain language of W.Va.Code § 55-2-15 prohibits the application of the discovery rule to a civil action instituted prior to the expiration of the twenty year statute of repose and, thereby, wrongfully dismissed the complaint. The Board maintains that the circuit court was indeed correct in determining that the discovery rule does not apply to save Miller’s claim from the running of the statute of limitations. We believe the discovery rule applies to extend the general statute of limitations referred to in W.Va.Code § 55-2-15 (1923) when the cause of action accrues during the appellant’s infancy and the appellant alleges in his or her complaint that the appel-lee fraudulently concealed material facts.

The specific statute of limitations which applies to the appellant’s cause of action reads as follows:

If any person to whom the right accrues to bring any such personal action [or] suit ... shall be, at the time the same accrues, an infant or insane, the same may be brought within the like number of years after his becoming of full age or sane that is allowed to a person having no such impediment to bring the same after the right accrues, or after such acknowledgment as is mentioned in section eight [§ 55-2-8] of this article, except that it shall in no case be brought after twenty years from the time the right accrues.

W.Va.Code § 55-2-15 (1923). The general statute of limitations referred to in this code section is contained in W.Va.Code § 55-2-12(b) (1959) and states in pertinent part, “Every personal action for which no limitation is otherwise prescribed shall be brought: ... (b) within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries[.]”

The appellant was fourteen years old at the time McIntosh inflicted sexual abuse upon her during the 1989-90 school year. She was clearly under the disability of age at the time her cause of action accrued. Therefore, the statute of limitations was tolled until she turned eighteen and the disability of age was removed in 1993. She failed to file her action within the following two years. Instead, the appellant filed her complaint against the Board on September 29, 2000, ten years after her cause of action accrued and almost seven years after the disability was removed. In fact, the appellant celebrated her twenty-fifth birthday two weeks after the complaint was filed.4

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Miller v. Monongalia County Board of Education
556 S.E.2d 427 (West Virginia Supreme Court, 2001)

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Bluebook (online)
556 S.E.2d 427, 210 W. Va. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-monongalia-county-board-of-education-wva-2001.