Floyd v. Gray

I dissent from that portion of the majority opinion holding that Ruby Gray’s claim for loss of consortium is barred for failure to file within one year of the date of the occurrence.

In my judgment, there are two reasons why the majority opinion is in error: First, under KRS 304.39-230(6), a claim for loss of consortium is “an action for tort liability” timely when “commenced not later than two (2) years after the injury.” Second, under CR 15.03(1), the rule of relation back of amended pleadings to the date of filing of original pleadings, the complaint filed by Thomas Gray two months after…