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COMMONWEALTH TRANSPORTATION CABINET DEPARTMENT OF HIGHWAYS v. ABNER

No. 90-SC-365-DG.

810 S.W.2d 504 (1991)

COMMONWEALTH of Kentucky TRANSPORTATION CABINET DEPARTMENT OF HIGHWAYS, Appellant, v. Michael ABNER, Kentucky Board of Claims and Kentucky Attorney General, Appellees.

Supreme Court of Kentucky.

June 6, 1991.

Attorney(s) appearing for the Case

Louis Kawaja, Lexington, for appellant.

David A. Nunery, Stephen L. Collins, McBrayer, McGinnis, Leslie & Kirkland, Lexington, Frederic J. Cowan, Atty. Gen., Frankfort, for appellees.

WINTERSHEIMER, Justice.

The appeal is from a decision of the Court of Appeals which affirmed a circuit court ruling which had reversed a Board of Claims dismissal of an action as time barred.

The question presented is whether the Court of Appeals properly ruled that the two-year statute of limitations contained in K.R.S. 304.39-230(6) rather than the one-year statute of limitations contained in K.R.S. 44.110(1) applies.

Abner was involved in an automobile...

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