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DOLLAR GENERAL STORES, LTD. v. SMITH

No. 2005-SC-000867-DG.

237 S.W.3d 162 (2007)

DOLLAR GENERAL STORES, LTD., Appellant v. Mabel Rose SMITH, Appellee.

Supreme Court of Kentucky.

November 1, 2007.

Attorney(s) appearing for the Case

Kevin G. Henry, Kevin W. Weaver, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, Counsel for Appellant.

Jonathon N. Amlung, Amlung Law Offices, PLLC, Louisville, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice LAMBERT.

We have held that the saving provision of KRS 413.270 applies as well to improper venue selection as to jurisdictional error.1 However, we have not previously decided whether the saving statute applies also where the original forum dismissed the case on grounds of forum non conveniens and the claim was re-brought in another proper venue within...

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