Legal Opinion

Commonwealth Transportation Cabinet Department of Highways v. Abner

Kentucky Supreme Court

Decided June 6, 1991No. 90-SC-365-DGPublishedCited by 6 opinions

1Opinion of the Court

WINTERSHEIMER, Justice.

The appeal is from a decision of the Court of Appeals which affirmed a circuit court ruling which had reversed a Board of Claims dismissal of an action as time barred.

The question presented is whether the Court of Appeals properly ruled that the two-year statute of limitations contained in K.R.S. 304.39-230(6) rather than the one-year statute of limitations contained in K.R.S. 44.110(1) applies.

Abner was involved in an automobile accident with a vehicle belonging to the Department of Highways of the Commonwealth of Kentucky. He filed an action for damages in the Board…

2Cases cited3 opinions

  1. Troxell v. TrammellKentucky Supreme Court · 1987
  2. Commonwealth Department of Highways v. ChinnCourt of Appeals of Kentucky (pre-1976) · 1961
  3. Cooke v. Board of ClaimsCourt of Appeals of Kentucky · 1987

3Cited by6 opinions

  1. Hammers v. PlunkCourt of Appeals of Kentucky · 2011
  2. Gray v. Commonwealth, Transportation Cabinet, Department of HighwaysCourt of Appeals of Kentucky · 1997
  3. Wagoner v. BradleyCourt of Appeals of Kentucky · 2009
  4. Gray v. COM., TRANSP. CABINET, DEPT. OF HWYCourt of Appeals of Kentucky · 1997
  5. Greyson Findley v. Western Kentucky UniversityCourt of Appeals of Kentucky · 2024

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