Farris v. Sears, Roebuck & Co.

MEMORANDUM AND ORDER

BRATCHER, Chief Judge.

This matter comes on before the Court on motion by defendants, Sears, Roebuck & Company and Globe Union, Inc., to dismiss this action as to intervening plaintiffs, Ralph L. Barnes and Sebert Barnes, on the grounds that their causes are barred by the one-year Statute of Limitations, KRS 413.-140(l)(c).

In order to comply with the terms of the Statute, an action for malicious prosecution must be “commenced” within one year. The underlying action, which allegedly constituted the malicious prosecution complained of, was dismissed by the U. S. District…