The Kentucky Court of Appeals, sitting en banc (i.e. the entire Kentucky Court of Appeals) recently issued an opinion increasing the statute of limitations in Kentucky from one (1) to two (2) years for filing personal injury lawsuits against state employees for injuries received in a motor vehicle accident. J. Robert Shelton of the Shelton Law Group represented Walter H. Jones and Leona Clark Jones in a lawsuit filed against several Kentucky Department of Transportation employees wherein the Joneses contended those employees negligently failed to maintain a state road and that as a result of that failure, the Plaintiff Walter Jones was seriously injured when he lost control of his vehicle due to the deteriorated road condition. The Estill Circuit Court dismissed the Joneses lawsuit because it was not filed within the 1-year statute of limitations that was then applicable to any personal injury lawsuits filed against state employees. The Shelton Law Group appealed this decision to the Kentucky Court of Appeals. The grounds for the appeal was that Kentucky law allowed for lawsuits arising out of motor vehicle accidents to be filed within two years from the date of injury and that this 2-year statute of limitation period should be applied rather than the 1-year statute of limitation otherwise applicable to filing negligence lawsuits against state employees.
In a unanimous opinion rendered October 21, 2011, the Kentucky Court of Appeals agreed with the Shelton Law Group and held that the 2-year statute of limitations applied to the Joneses personal injury claim. The Court therefore sent the case back to the Estill Circuit Court for the Joneses to proceed with their lawsuit. A copy of the Court of Appeals decision in Walter H. Jones and Leona Clark Jones v. Adrian Hall, et al., Court of Appeals No. 2010-CA-000279-MR can be viewed by visiting SheltonLawGroup.com.
If you were involved in a motor vehicle accident and would like to discuss your case with an experienced motor vehicle accident attorney, please visit www.robsheltonlaw.com or call 1-888-761-7204.