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CARNEY v. MOODY

646 S.W.2d 40 (1982)

David M. CARNEY, et al., Movants, v. John B. MOODY, et al., Respondents.

Supreme Court of Kentucky.

Rehearing Denied March 9, 1983.

Attorney(s) appearing for the Case

Kenneth J. Tuggle, Frank W. Burke, Louisville, for movants.

James Ludwig, William Blackburn, Kenneth H. Baker, Joe G. Leibson, C. Michael Hatzell, Louisville, for respondents.

PALMORE, Justice.

In Saylor v. Hall, Ky., 497 S.W.2d 218 (1973), it was held that by virtue of Const. Secs. 14, 54 and 241 the 5-year statutes of limitation [KRS 413.120(14) and 413.135] enacted in 1964 and 1966 could not operate to bar recovery for a death that occurred in 1969 as result of a defect in a building constructed in 1955. In this case we have the same question with respect to injuries occurring in 1978 as the...

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