Jones v. Furnell

DAVIS, Commissioner.

In this malpractice action appellant Coy Jones sought damages against appellee Dr. Dale Furnell, and appellant Violet M. Jones, wife of Coy Jones, sought damages for loss of consortium. The trial court dismissed the action as to both appellants on the ground that the claims were barred by the one-year statute of limitation. KRS 413.-140(1) (e). As respects the claim of the wife, the trial court ruled that no recovery could be had by her on her claim for loss of consortium anyway.

The appellants contend that (1) the contract statute of limitation (five years) is applicable…