Harris v. Jackson

Opinion of the Court by

Justice SCOTT.

The Appellant, Wilford M. Harris, deceased, moved for discretionary review of a Court of Appeals decision which reversed a Christian Circuit Court order dismissing the Appellee’s action against him for failure to properly revive the action against the Appellant’s personal representative within one (1) year of the Appellant’s death pursuant to KRS 395.278. We granted discretionary review pursuant to RC 76.20(1).

The issue presented is best phrased by Appellant, “[t]he issue to be decided by the Court is whether the attorney for a de*299ceased defendant has a…