Hall's Park Motel, Inc. v. Rover Construction, Inc
In Hall's Park Motel, Inc. v. Rover Construction, Inc., 194 W.Va. 309, 460 S.E.2d 444 (1995), the plaintiff complained about the negligent construction of a lift station, which caused damage to the plaintiff's real property.
The Court determined in Hall's Park Motel that although the construction caused continuous, increased injuries to the plaintiff's property, the cause of the injuries was a "discrete and completed act of negligent commission, not a continuing negligent act of omission . . . ." Id. at 313, 460 S.E.2d at 448.
The Court subsequently held in syllabus point two of Hall's Park Motel that "where a plaintiff sustains a noticeable injury to property from a traumatic event, the statute of limitations begins to run and is not tolled because there may also be latent damages arising from the same traumatic event." Id. at 310, 460 S.E.2d at 445.