Shelley D. Whitlow, Formerly Shelley D. Casto, Plaintiff Below, Appellant v. the Board of Education of Kanawha…

Summary

The court held that the special tolling provision governing minors suing political subdivisions superseded the general disability-tolling statute because the two provisions could not be reconciled. It nevertheless reached the constitutional challenge, despite its being raised for the first time on appeal, because the issue was controlling, involved essentially undisputed facts, and was of substantial public interest. Applying rational-basis review, the court held that the special provision unconstitutionally denied minors the broader tolling protection available under the general statute and reversed and remanded.