Nanny v. Smith

Opinion of the Court by

Justice SCOTT.

The issue in this case is whether an action is commenced within the limitations period when the complaint is delivered timely to the circuit court clerk, but summons is not issued by the clerk until after the limitations period has expired. We hold that under the circumstances presented, it is.

I. Facts

On August 22, 2001, Appellant, Donna Nanny, was involved in an automobile accident in Graves County, in which she was rear-ended by Appellee, Jennifer Smith. Nanny subsequently filed a claim with her insurance carrier, Kentucky Farm Bureau Insurance Company,…