Wethington v. Griggs
Decision Date | 18 June 1965 |
Citation | 392 S.W.2d 56 |
Parties | James WETHINGTON, Appellant, v. Dorothy GRIGGS, Appellee. |
Court | United States State Supreme Court — District of Kentucky |
E. H. Walton, Covington, for appellant.
John J. O'Hara, O'Hara & Ruberg, Covington, for appellee.
Charles S. Adams, Covington, amicus curiae.
Appellant and appellee were involved in an automobile accident which occurred in Ohio on March 15, 1962. On February 19, 1964, suit was filed in the Campbell Circuit Court, more than a year after the accident, but less than two years after. Motion to dismiss the complaint was sustained in that court and from the judgment this appeal is taken.
KRS 413.140 provides a one-year statute of limitations for personal injury actions. The Ohio law in effect at the time this suit was filed provided a two-year statute of limitations. The question is, which statute of limitations shall apply.
The identical question was before us in Seat v. Eastern Greyhound Lines, Inc., Ky., 389 S.W.2d 908, where we said:
* * *'
Applying the law of the forum, this action was brought too late and was properly dismissed.
The judgment is affirmed.
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