In July of 2012 the United States District Court for the Western District of Kentucky heard a case involving a personal injury nursing home case. (See Cunningham v. Extendicare Homes, Inc., 2012 WL 3067459 (W.D. Ky. 212)). The plaintiff in this Louisville personal injury case was a patient of the defendant from February 21, 2002 until the week before his death. Plaintiff died on December 23, 2008. Id. The plaintiff brought a Louisville personal injury lawsuit with two causes of action. The first was for negligent treatment and care which caused the decedent personal injuries. Id. The second was for wrongful death. Id.
The defendant filed a partial motion for summary judgment as to the personal injury cause of action. The federal court applied federal rules of civil procedure 56 to handle this partial summary judgment motion. Id.
In Kentucky a personal injury action shall be commenced within one year after the cause of action accrued. KRS Section 413.140(a)(1). Any suit filed more than one year after the personal injury occurs is barred by the statute of limitations. Id. And a personal injury action does not cease with the death of the injured person. Id. A personal representative in a personal injury case can be commenced by a decedent’s personal representative. Id.
“In pursuing a personal injury action, a personal representative may only assert those claims that have accrued to the decedent.” (cites omitted). In the case at hand, it is not clear from the personal injury complaint when the personal injuries occurred to the decedent. The plaintiff died on December 23, 2008. So only personal injuries that occurred after December 23, 2007 could have been brought. So, the court granted the partial summary judgment only to the extent that it held that the personal representative could only bring a personal injury lawsuit for those injuries occurring on or after December 23, 2007. Id.
If you have been the subject of a Louisville Personal Injury Nursing Home case, please call and speak to a Louisville Personal Injury Nursing Home 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.
If you are injured…Ask Andrew!!!