NANNY v. SMITH

No. 2006-SC-000833-DG.

260 S.W.3d 815 (2008)

Donna NANNY, Appellant, v. Jennifer SMITH, Appellee.

Supreme Court of Kentucky.

August 21, 2008.


Attorney(s) appearing for the Case

Daryl Thomas Dixon, Paducah, KY, Counsel for Appellant.

Michael Darin Moore, Paducah, KY, Counsel for Appellee.


Opinion of the Court by Justice SCOTT.

The issue in this case is whether an action is commenced within the limitations period when the complaint is delivered timely to the circuit court clerk, but summons is not issued by the clerk until after the limitations period has expired. We hold that under the circumstances presented, it is.

I. Facts

On August 22, 2001, Appellant, Donna Nanny, was involved in an automobile accident in Graves County, in which...

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