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HOWARD v. HICKS

No. 86-CA-2512-MR.

737 S.W.2d 711 (1987)

Henry HOWARD, Administrator and Personal Representative of the Decedent, Charles W. Howard; and Henry Howard and Rita Howard, Parents and Survivors of Charles W. Howard, in their Individual Capacity as Survivors of Plaintiffs' Decedent, Appellants, v. William E. HICKS, Jr., Appellee.

Court of Appeals of Kentucky.

October 9, 1987.

Attorney(s) appearing for the Case

Samuel B. Carl, Carl, Head & Triplett, Louisville, for appellants.

Delores H. Pregliasco, W.R. Patterson, Jr., Allen K. Gailor, Louisville, for appellee.

Before HOWERTON, C.J., and MILLER and COMBS, JJ.

HOWERTON, Chief Judge.

The Howards appeal from an order of the Jefferson Circuit Court dismissing their claim against William Hicks. The trial court ruled that the one-year limitation in KRS 413.140 barred the claim. The question on appeal is whether the two-year limitation period provided in the Motor Vehicle Reparations Act (MVRA), KRS 304.39-230(6), applies to a tort liability action brought by the Howards as survivors of a moped operator who was struck and killed...

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