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Duffy v. Kindred Healthcare5/6/2005
AFFIRMING
Dan Duffy, as limited guardian and limited conservator for Louise Williams, appeals from an order of the Fayette Circuit Court which, among other things, dismissed a personal injury action brought by Duffy on behalf of Williams. Because the action is barred by the applicable statute of limitations, we affirm.
Louise Williams is the mother of Dan Duffy. Upon application by Duffy, on January 13, 2003, the Fayette District Court appointed the Cabinet for Families and Children as limited guardian and limited conservator for Williams. Rita Baker was assigned to perform this duty on behalf of the Cabinet. Shortly thereafter, on February 21, 2003, Williams was admitted as a resident at Winchester Centre for Health and Rehabilitation, which is operated by Kindred Healthcare, Inc.
On April 16, 2003, Williams was found lying on the floor in the hallway outside of her room at Winchester Center, apparently having suffered a fall. Rita Baker was notified of the situation, and Williams was transported by ambulance to the Clark Regional Medical Center. As a result of the fall Williams suffered an injury to her right hip.
Five days after Williams' fall, on April 21, 2003, Duffy filed another petition for guardianship in Fayette Circuit Court seeking to have himself appointed as Williams limited guardian and limited conservator. Kentucky Revised Statutes (KRS) 387.590. On August 21, 2003, Duffy was appointed to replace Baker as limited guardian and limited conservator.
On May 7, 2004, Duffy filed a pro se complaint on behalf of himself and Williams. As relevant to this appeal, the complaint alleged a claim for personal injury as a result of the April 16, 2003, incident.
On May 27, 2004, Kindred Healthcare filed a motion to dismiss pursuant to Ky. R. Civ. P. (CR) 12.02(f). A hearing on the motion was held on June 11, 2004, at which time the trial court indicated it would grant the appellee's motion to dismiss. On June 16, 2004, the circuit court entered an order which, among other things, dismissed the personal injury claim as barred by the one-year statute of limitations for personal injury claims as contained in KRS 413.140(1)(a).
Prior to the entry of the June 16 order, based upon the results of the June 11 hearing, on June 14, 2004, Duffy filed a motion "To Reconsider and Reopen." With regard to the personal injury claim, the motion alleged that the statute of limitations was tolled by KRS 413.280 on the basis that Williams was suffering from multiple disabilities at the time her cause of action accrued, namely, blindness and ambulation. On July 8, 2004, the trial court entered an order denying the motion. This appeal followed.
Duffy's pro se brief is somewhat disjointed; however, we are able to extract from the brief two principal arguments: First, that the one-year statute of limitations contained in KRS 413.140(1)(a) was tolled by the "discovery rule"; and second, that the limitations period was tolled pursuant to KRS 413.280.
KRS 413.140(1)(a) provides that an action for personal injury must be brought within one year. The alleged personal injury occurred on April 16, 2003, and Duffy did not file his complaint until May 7, 2004, which was three-weeks outside of the one-year limitations period. Hence, unless for some reason the limitations period was tolled, the filing was not timely.
The limitations period was not tolled by the discovery rule. A concise statement of the discovery rule is contained in Carroll v. Owens-Corning Fiberglas Corp., 37 S.W.3d 699, 700 (Ky. 2000): "When an injury does not manifest itself immediately, the cause of action should accrue not when the
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