United States Fourth Circuit

West Virginia's savings statute, which conditionally gives a plaintiff a year to refile a lawsuit, applies only where a dismissal is the result of a plaintiff's mistake, inadvertence due to inaction, or lack of diligence by the party.

Appellate Information

• Decided 01/26/2005
• Published 01/26/2005

Judges

• Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael Gene Hoehn, Falls Church, Virginia, for Appellants.  Daniel Leroy Fitch, Wharton, Aldhizer & Weaver, Harrisonburg, Virginia, for Appellees.   ON BRIEF:Thomas E. Ullrich, Wharton, Aldhizer & Weaver, Harrisonburg, Virginia, for Appellee Pilgrim's Pride Corporation;  James H. Revere, III, Kalbaugh, Pfund & Messersmith, Richmond, Virginia, for Appellee Gilmer Industries, Inc.