Manalapan Mining Co., Inc. v. Lunsford

In Alcan Foil Products v. Huff, 2 S.W.3d 96 (Ky.1999), and subsequent cases, this court has viewed a hearing loss due to hazardous noise exposure to be a gradual injury for which a rule of discovery triggers the notice and limitations requirements. KRS 342.185 contains a two-year statute of limitations for an injury but makes no reference whatsoever to a two-year period of repose. Nonetheless, the majority has determined that Kyle Luns-ford’s hearing loss claim must be dismissed because it was filed more than two years after his last exposure to hazardous noise. I dissent.

Lunsford received 37…