EMBERTON v. GMRI, INC.

Nos. 2007-SC-000443-DG, 2008-SC-000109-DG.

299 S.W.3d 565 (2009)

Tim EMBERTON, Appellant, v. GMRI, INC., f/k/a General Mills Restaurants, Inc. (d/b/a Red Lobster Restaurant # 349), et al, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 21, 2010.


Attorney(s) appearing for the Case

Casey Alan Hixson, Stephen L. Hixson, Bowling Green, KY, Counsel for Appellant.

Matthew Porter Cook, Stefan Richard Hughes, Cole & Moore, P.S.C., Bowling Green, KY, Counsel for Appellees.


Opinion of the Court by Justice SCOTT.

This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/Cross-Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc. ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable cause of action, we hold that his...

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