Derossett v. Burgher

This personal injury action was dismissed because the trial court was of the opinion it was not brought within one year after the cause of action accrued, as prescribed by KRS 413.140. The accident occurred July 25, 1973, and the complaint was filed July 25, 1974.

KRS 446.030(l)(a), as amended in 1970, provides in part:

“In computing any period of time prescribed or allowed by order of court, or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included.”

Appellee asserts that in a long line of Kentucky decisions…