Lemmons v. Ransom
| Decision Date | 31 May 1984 |
| Parties | Louis E. LEMMONS, Jr., and Wanda Ransom, Movants, v. James C. RANSOM, Respondent. Wanda RANSOM, Movant, v. James C. RANSOM, Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
William S. Wetterer, Jr., William Clifton Travis, Ewen, MacKenzie & Peden, P.S.C., Louisville, for movants.
J. Leonard Rosenberg, Henry K. Jarrett, III, Hanish, Davenport, Rosenberg & Weiner, Louisville, for respondent.
This appeal is from a decision of the Court of Appeals which reversed a summary judgment by the Jefferson Circuit Court dismissing the personal injury action of James C. Ransom as being barred by the two-year statute of limitations of the No-Fault Insurance Act. KRS 304.39-230(6).
The principal issue is whether the provisions of Kentucky's "saving" statute, KRS 413.170(1), are applicable only to actions designated in KRS 413.090-160, or whether those saving provisions extend to actions in tort brought under the no-fault law.
James C. Ransom was injured in an automobile accident in 1975 at the age of 13. He reached the age of majority on September 8, 1980, and filed a lawsuit on August 31, 1982, to recover for his personal injuries. At the time of the accident, he was covered by the provisions of the no-fault insurance law. KRS 304.39. His injuries were such that his claim exceeded the threshold limits, thereby affording him the right to file a tort action against the negligent party.
The circuit court dismissed James Ransom's complaint as barred by the two-year statute of limitations under the no-fault law, holding that the saving statute, KRS 413.170(1) was not applicable. The trial judge relied on Hutto v. Bockweg, Ky.App., 579 S.W.2d 382 (1979), as its authority. The Court of Appeals reversed the decision and remanded the case to circuit court. Both Louis E. Lemmons, Jr. and Wanda Ransom sought discretionary review.
This Court affirms the decision of the Court of Appeals because an infant or person under disability having a cause of action arising from injuries received in a motor vehicle accident has two years after the attainment of his majority or release from disability in which to file a tort liability claim. This right has not been affected by the no-fault statute.
The infant child's claim for tort damages has not been abolished under Kentucky's no-fault law, or KRS 304.39, and may be timely brought within two years of the infant's majority. KRS 304.39 does not create a new cause of action but limits a pre-existing claim for relief.
Here, this claim arises from the common law which is not a statutory creation. It is a cause of action mentioned in KRS 413.140(1)(a). This action is distinguishable from the facts and type of cause of action set forth in Hutto, supra. Reliance on Hutto is misplaced because the rationale of that case is inapplicable here. Hutto involved a statute dealing with the sale of securities. KRS 292.480(3). It was held that the saving statute had no application and the claim was barred. The no-fault law is not to be construed to deny those under age or under disability the benefit of the general saving statute applicable to personal injury claims. KRS 413.140(1)(a) and KRS 413.170(1).
The Hutto decision relates to a separate body of highly specialized commercial securities law. The law contains its own statute of limitations and has a principal concern to eliminate fraud in the sale of securities. The no-fault law does not constitute a separate body of law. It affects only a part of the personal injury field of tort relating to automobile accidents.
Here the statute of limitations in KRS 304.39-230(6)...
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Zator v. State Farm Mut. Auto. Ins. Co.
...to follow those cases holding that the no-fault limitations period is tolled by the State's general tolling statute. See Lemmons v. Ransom, 670 S.W.2d 478 (Ky.1984); Jessica H. v. Allstate Insurance Co., 155 Cal.App.3d 590, 202 Cal.Rptr. 239 (1984); Rawlins v. Aetna Cas. & Sur. Division, 92......
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Jackson v. State Auto. Mut. Ins. Co.
...earlier statute. Troxell v. Trammell, Ky., 730 S.W.2d 525 (1987). The later statute prevails. Appellants use the case of Lemmons v. Ransom, Ky., 670 S.W.2d 478 (1984) to support their quest for an extension of statutory savings provisions. Lemmons, supra, enunciated that the principal issue......
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Homer R. Hutchinson Estate v. Reyes, 85-CA-2771-MR
...before the statute has run is set forth in KRS 413.180(3). See Witherspoon v. Salm, Ky., 346 S.W.2d 48 (1961). See also Lemmons v. Ransom, Ky., 670 S.W.2d 478 (1984), and Tucker v. Johnson, Ky.App., 619 S.W.2d 496 (1981). (injuries emanating from automobile accidents since the adoption of t......