Rucker v. Rainwater

CLAY, Commissioner.

This is a suit for the wrongful death of a child. The original complaint was filed one day before the expiration of the one-year limitation period (KRS 413.140), and an amended complaint was filed two days thereafter. The trial court sustained defendant appellees’ motion to dismiss the complaint on the ground that it failed to state a claim upon which relief could be granted.

Appellant plaintiff argues in his brief the question of whether his claim as administrator was barred by the statute of limitations, contending that his amended complaint related back to the date of his…