Davis v. Dever

VANCE, Judge.

This is an appeal from a summary judgment which dismissed appellant’s claim for damages resulting from injuries received in an automobile accident. Summary judgment was granted upon the ground that the claim was barred by KRS 304.39-010, et seq. Appellant had not rejected tort limitations under that chapter.

Appellant contends he has sustained a permanent injury within reasonable medical probability [KRS 304.39-060(2)(b)], and thus is not precluded from maintaining a tort action by Chapter 304.

CR 56.03 provides that a summary judgment shall be rendered if the pleadings,…