GAITHER v. COM.

No. 2003-CA-000481-MR.

161 S.W.3d 345 (2004)

Virginia GAITHER, Administratrix of the Estate of Lebron Elliott Gaither, Appellant, v. COMMONWEALTH of Kentucky, Board of Claims; Commonwealth of Kentucky, Justice Cabinet; and Commonwealth of Kentucky, Kentucky State Police, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 11, 2005.


Attorney(s) appearing for the Case

Daniel T. Taylor, III, Louisville, KY, for appellant.

James M. Herrick, Kentucky State Police Legal Office, Frankfort, KY, for appellee, Kentucky State Police.

Before the Full Court Sitting EN BANC.


OPINION

MINTON, Judge.

In this appeal from a Board of Claims action, Franklin Circuit Court affirmed the Board's determination that Virginia Gaither's wrongful death action is barred by the statute of limitations. The circuit court's ruling was in accordance with our prior precedent on the matter; however, because we believe that decision was in error, we now reverse and remand for further proceedings....

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