LESTER, Judge.
This is an appeal from a judgment entered upon a jury verdict awarding damages to Wilfredo Reyes and Delores Bilyeu arising out of a tort action involving an auto accident.
The appellants have maintained from the initiation of this litigation that it ought to be dismissed as being commenced prematurely pursuant to KRS 395.270. Despite their filing of motions to dismiss with their answer which included the statute as an affirmative defense, a...
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