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EVERLEY v. WRIGHT

No. 92-CA-1890-MR.

872 S.W.2d 95 (1993)

Rose EVERLEY, Administratrix of the Estate of Harry Everley, Deceased, Appellant, v. Robert WRIGHT, CRNA; Dr. J. Ross; and Ohio County Hospital, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 13, 1994.

Attorney(s) appearing for the Case

Larry W. Cook, Russellville, for appellant.

Byron L. Hobgood, Patricia G. Creager, Franklin, Gordon & Hobgood, Madisonville, for Robert Wright.

Scott P. Whonsetler, Jacobson, Maynard, Tuschman & Kalur, Louisville, for Dr. Ross.

Stephen B. Lee, Ronald G. Sheffer, Paul Marcum Willis, Sheffer, Hoffman, Thomason & Morton, Owensboro, for Ohio Co. Hosp.

Before EMBERTON, HOWERTON and JOHNSTONE, JJ.

OPINION

HOWERTON, Judge.

Rose Everley's wrongful death suit was dismissed by the Ohio Circuit Court on the basis that, at the time of trial, Mrs. Everley had never been appointed the personal representative of her husband's estate and thus she could not properly bring the action. No personal representative having been appointed before the statute of limitations had run on the claim, the suit was time-barred...

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