HARDIN COUNTY v. WILKERSON

Nos. 2005-SC-000183-DG, 2005-SC-000206-DG.

255 S.W.3d 923 (2007)

HARDIN COUNTY, Kentucky d/b/a Hardin Memorial Hospital; Malinde Childress; Hope Warren; and Richard Kuchowicz, Appellants v. Bessie WILKERSON, Deceased; Charles Wilkerson, Executor of the Bessie Wilkerson Estate; and Cynthia Randolph Hall, R.N., Appellees and Cynthia Randolph Hall, R.N., Appellant v. Hardin County, Kentucky, d/b/a Hardin Memorial Hospital; Malinde Childress; Hope Warren; Richard Kuchowicz; Bessie Wilkerson, Deceased; and Charles Wilkerson, Executor of the Bessie Wilkerson Estate, Appellees.

Supreme Court of Kentucky.

June 19, 2008.


Attorney(s) appearing for the Case

Ken M. Howard, Hardin County Attorney, Elizabethtown, KY, Thomas Neal Kerrick, Thomas B. Russell, Scott Donald Laufenberg, Kerrick, Stivers & Coyle, Bowling Green, KY, Counsel for Hardin County, KY d/b/a Hardin Memorial Hospital; Malinde Childress; Hope Warren; and Richard Kuchowicz.

James T. Kelley, Elizabethtown, KY, Counsel for Bessie Wilkerson, Deceased; and Charles Wilkerson, Executor of the Bessie Wilkerson Estate.

Craig L. Johnson, Whonsetler & Johnson, Louisville, KY, Counsel for Cynthia Randolph Hall, R.N.


Opinion of the Court by Justice NOBLE.

The Appellants1 succeeded at the trial court in having the Appellees' action dismissed for failure to revive their suit within one year of the death of the original plaintiff under KRS 395.278. The Court of Appeals held that that action was stayed and the one year statute of limitation in the revival statute was suspended by KRS 304.36-085 upon the insolvency and ordered liquidation of the Appellants...

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