Hurley v. Downing

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which determined that the one-year statute of limitations pursuant to KRS 413.140(1) barred the claim of Hurley to recover damages for personal injury.

The principal issue is whether the two-year statute of limitations under the no-fault act, Motor Vehicle Reparations Act, KRS 304.39-230(6) applies to an injured person who has previously rejected the MVRA.

The accident occurred on May 20, 1980, but the claim was not filed until May 19, 1982. The defense claimed that the suit was barred by the one-year personal injury…