Hickman v. Grover

Hickman v. Grover, 178 W. Va. 249, 358 S.E.2d 810 (1987), was a case in which a plaintiff was injured by an exploding air tank. The plaintiff sued the owner of the air tank within two years after the explosion, but failed to sue the manufacturer of the tank within the two-year period. The failure to sue the manufacturer was due to the fact that the plaintiff's attorney learned that the air tank was defectively manufactured only more than two years had passed. Under these circumstances, where the plaintiff did not know of the defective manufacture of the air tank within the two-year period, the Court concluded that the limitations period was tolled until the plaintiff learned, or by the exercise of reasonable diligence, should have learned of the defective manufacture.