Dodd v. DYKE INDUSTRIES, INC.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, Chief Judge.

Plaintiff Michael Dodd has sued his former employer, Dyke Industries, Inc., alleging breach of contract, fraud, and illegal pay practices in violation of Ky.Rev.Stat. §§ 337.055 and 337.060(2)(e). Defendant has moved for partial summary judgment, arguing that Count II of Plaintiffs Second Amended Complaint, which alleges fraud in the performance of Plaintiffs compensation plan, is barred by the statute of limitations contained in Ky.Rev.Stat. § 413.130(3).

The motion raises a number of difficult questions about the interaction of…