Howard v. Hicks

HOWERTON, Chief Judge.

The Howards appeal from an order of the Jefferson Circuit Court dismissing their claim against William Hicks. - The trial court ruled that the one-year limitation in KRS 413.140 barred the claim. The question on appeal is whether the two-year limitation period provided in the Motor Vehicle Reparations Act (MVRA), KRS 304.39-230(6), applies to a tort liability action brought by the Howards as survivors of a moped operator who was struck and killed by a pickup truck driven by Hicks. We hold that it does, and we reverse.

On March 2, 1985, Charles Howard was killed when he…