In July of 2012 the Court of Appeals of Kentucky heard a case involving a car accident that dealt with whether or not the two year statute of limitations applied versus a five year statute of limitations. (See Ingram Trucking, Inc. v. Allen, 372 S.W.3d 870 (Ky.App. 2012)). In this Kentucky car accident case the accident occurred on June 14, 2007. The car accident involved a pickup truck and a tractor trailer. One of the vehicles ran a red light causing property damage in excess of $11,000.
On March 28, 2010 the truck company sent a demand letter to the Kentucky insurance company seeking payment for the damages incurred to its tractor trailer. A declaratory action was filed on August 3, 2010 in that the Kentucky insurance company denied the claim stating that it was no longer responsible for payment as the statute of limitations had run. Id. The Plaintiff argued that a five year statue of limitations applied because the damages were the result of a trespass against chattel. Id. The Kentucky car accident lawyer had his work cut out for him.
The court heard the motion for summary judgment and granted it. This appellate court for the following reasons upholds the lower court’s findings. The court held that as the accident gave rise to the property damage, that the two year statute of limitations applied and thus the Plaintiff was time barred. Id.
This appellate court found that the argument that Plaintiff was trying to use was flawed in that the trespass to chattel or trespass to personal property which would have given plaintiff the five year statute of limitations was an ‘intentional tort.’ Id. Thus, because the plaintiff made no claim and did not submit any proof that that the defendant intended to damage the tractor trailer, the underlying action was simply a common law negligence suit for damage to personal property. Id.
If you have been the subject of a Kentucky car accident case, please call and speak to a Kentucky car accident lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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