Frank Derossett, Jr. v. Herbert Wayne Burgher.

Decision Date16 September 1977
Citation555 S.W.2d 579
PartiesFrank DEROSSETT, Jr., Appellant, v. Herbert Wayne BURGHER et al., Appellees.
CourtUnited States State Supreme Court — District of Kentucky

Dan Rowland, Prestonsburg, for appellant.

James B. Todd, Pikeville, for appellees.

PER CURIAM.

This personal injury action was dismissed because the trial court was of the opinion it was not brought within one year after the cause of action accrued, as prescribed by KRS 413.140. The accident occurred July 25, 1973, and the complaint was filed July 25, 1974.

KRS 446.030(1)(a), as amended in 1970, provides in part:

"In computing any period of time prescribed or allowed by order of court, or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included."

Appellee asserts that in a long line of Kentucky decisions the court has consistently ruled that the day of the accident should be included in computing the time limitation and relies on Fannin v. Lewis, Ky., 254 S.W.2d 479 (1953). It is noted that in Fannin v. Lewis, decided prior to the 1970 amendment, the court commented that if a change was made, it should be done by the legislature and not the court. The legislature has now clearly spoken. The day of the accident should be excluded in computing the limitation period.

The judgment is reversed and the case remanded for a trial on the merits.

All concur.

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6 cases
  • Gailor v. Alsabi
    • United States
    • United States State Supreme Court — District of Kentucky
    • 18 Febrero 1999
    ...to this cause of action expired on February 4, 1994, one day after the original complaint was filed. KRS 446.030(1)(a); Derossett v. Burgher, Ky., 555 S.W.2d 579 (1977). Although the action was filed within the period of limitations, the only defendant named in the complaint was deceased. S......
  • Teel v. American Steel Foundries
    • United States
    • U.S. District Court — Eastern District of Missouri
    • 28 Diciembre 1981
    ...cause of action accrues at the time of the accident and the one-year limitations period begins to run at that time. Derossett v. Burgher, 555 S.W.2d 579 (Ky.1977). In computing this one-year time period, the day of the accident is excluded. Id. If this provision applies, plaintiffs' cause o......
  • Kellar v. MH Equip. Corp.
    • United States
    • U.S. District Court — Western District of Kentucky
    • 4 Abril 2017
    ...therefore, it would appear that the statute of limitations for Plaintiff's accident expired on December 17, 2016. See Derossett v. Burgher, 555 S.W.2d 579, 579 (Ky. 1977). In analyzing this issue, the Court must further consider that December 17, 2016, fell on a Saturday. In this regard, KR......
  • Highland Park Ass'n of Businesses and Enterprises v. Abramson, 94-6424
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 3 Julio 1996
    ...or default after which the designated period of time begins to run is not to be included. Ky.Rev.Stat. § 446.030; see also DeRossett v. Burgher, 555 S.W.2d 579 (1977). Accordingly, the statute of limitations began to run on October 19, 1990, the day after the Kentucky Supreme Court announce......
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