Sharlene Hall and Ray Hall v. Dr. Ernest E. Musgrave and Dr. Charles F. Sowards

JOHN W. PECK, Circuit Judge:

This diversity case concerns the date on which a medical malpractice action “accrued” under Kentucky law. The pertinent statute of limitations, K.R.S. § 413.140(l)(e), provides that an action for negligence or malpractice against a physician must be commenced within one year after the cause of action accrued. As the operative facts were not in dispute, the district court correctly determined that the statute of limitations question presented was one for the court to decide as a matter of law. Lynn Mining Co. v. Kelly, 394 S.W.2d 755 (Ky.1965); Slack v. Bryan, 299…