Legal Opinion

Emberton v. GMRI, Inc.

Kentucky Supreme Court

Decided October 29, 2009No. 2007-SC-000443-DG, 2008-SC-000109-DGPublishedCited by 60 opinions

1Opinion of the Court

Opinion of the Court by

Justice SCOTT.

This is an appeal from a Court of Appeals’ opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/Cross-Appellee, Tim Emberton (“Emberton”), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc. (“GMRI”), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton’s probable cause of action, we hold that his suit was timely filed. Having also addressed GMRI’s cross-appeal, we reverse the decision of the Court of Appeals and reinstate the…

2Cases cited56 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. Plyler v. DoeSupreme Court of the United States · 1982
  4. Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
  5. Commonwealth v. EnglishKentucky Supreme Court · 1999

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3Cited by60 opinions

  1. Linda Holt v. John GriffinCourt of Appeals for the Sixth Circuit · 2017
  2. Commonwealth v. AndrewsKentucky Supreme Court · 2014
  3. Cornett v. Johnson & JohnsonSupreme Court of New Jersey · 2012
  4. Dick's Sporting Goods, Inc. v. WebbKentucky Supreme Court · 2013
  5. Ham v. Sterling Emergency Services of the Midwest, Inc.Court of Appeals for the Sixth Circuit · 2014

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