Blair v. Peabody Coal Co.

GUDGEL, Judge.

This is an appeal from an order entered by the Union Circuit Court dismissing appellant’s personal injury claim against appellee. Appellant contends that the trial court erred by failing to apply the provisions of KRS 413.270 so as to determine both that the applicable one-year statute of limitations was tolled and that his action was timely filed. We disagree. Hence, we affirm.

Appellant allegedly was injured on August 19, 1992, while operating machinery in a Kentucky coal mine owned and operated by appellee. Based upon the mistaken belief that appellee’s principal place of…