Gaither v. Commonwealth

OPINION

MINTON, Judge.

In this appeal from a Board of Claims action, Franklin Circuit Court affirmed the Board’s determination that Virginia Gaither’s wrongful death action is barred by the statute of limitations. The circuit court’s ruling was in accordance with our prior precedent on the matter; however, because we believe that decision was in error, we now reverse and remand for further proceedings.

LeBron Gaither was killed on July 17, 1996. Virginia Gaither, LeBron’s grandmother, was appointed administratrix of his estate on February 14, 1997. On February 12, 1998, Virginia filed a wrongful…