C. Lester Edwards, Plaintiff-appellant, v. Union Carbide Corporation, a Foreign Corporation; Suzannehallenberg, Defendant-appellee, 816 F.2d 671 (4th Cir. 1987)

C. Lester Edwards, a West Virginia employee of Union Carbide Corporation, appeals from the district court's grant of summary judgment in favor of Union Carbide and Suzanne Hallenberg on Edwards' claim against them for malpractice.¹  We affirm.

In his complaint, Edwards alleged that Hallenberg, a personnel counselor and Union Carbide employee, counseled him and his wife concerning their domestic difficulties. He asserted that Hallenberg accused him of committing "emotional incest" with his daughter and advised his wife to seek a divorce. Hallenberg's comments concerning "emotional incest" were made in September 1982, and her advice to Edwards' wife concerning divorce was given on two occasions in September and October 1982. Edwards, however, did not file his complaint until December 20, 1984--more than two years after Hallenberg's statements.

In granting the defendants' motions for summary judgment, the district court ruled that Edwards' malpractice claim was barred by West Virginia's two-year statute of limitations. W.Va.Code Sec. 55-2-12.²  On appeal, Edwards contends that his complaint alleges a continuous course of action by Hallenberg from September 1982 until January 1983 (the date when Hallenberg last counseled him), and thus the limitations period did not begin to run until January 1983. In support of his position, Edwards refers to that portion of his complaint in which he alleges that Hallenberg "at all times ... intentionally acted against the interests of plaintiff with utter disregard and callous indifference to the consequences."

We find no support for Edwards' position under West Virginia law and affirm the judgment of the district court.

AFFIRMED.