Subject Matter: KY Statute of Limitation for Residents Rights Claims
Kindred Nursing Centers Limited Partnership et al. v. James Overstreet as Executor of The Estate of Lula Bell Gordon
The KY Court of Appeals rules in this published opinion that KRS 216 (Kentucky Resident’s Rights Statute) merely codifies common law liability and does not create a new theory of liability. As a result, the statute of limitations that applies to claims brought under KRS 216 is one to two years (as set out KRS 413.140) as opposed to five years (KRS 413.120(2)). In this particular case this ruling time barred all claims under KRS 216 leaving only the common law claims asserted in the complaint. The court relied on an unpublished KY Appellate Court Opinion, Allen v. Extendicare Homes, Inc., 2012 WL 6553823 (KY App. 2012).
Firm/Company: KY Court of Appeals
Document Date: August 9 2013
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