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HAMMERS v. PLUNK

Nos. 2010-CA-000279-MR, 2010-CA-001007-MR.

374 S.W.3d 324 (2011)

Derek HAMMERS, as Guardian for David Hammers, a Minor; Julie Steele, as Guardian for Megan Dearmond, a Minor; and Sandra Steele, as Administrator for the Estate of Christine Steele, Appellants v. Joe PLUNK, Larry Gaynor, Kenny Potts, Ted Merryman, Joey Draper, Byron Johnson, Craig Wyatt, Wade Clements, Greta Smith, Bob C. Lewis, and Nancy Albright, Appellees and Walter H. Jones and Leona Clark-Jones, Appellants Adrian Hall, Roy G. Arvin, and Mike Barker, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 12, 2012.

Attorney(s) appearing for the Case

Matt McGill (argued), Bowling Green, KY, for appellants Derek Hammers, et al.

John R. Shelton , Louisville, KY, for appellants Walter H. Jones and Leona Clark-Jones.

H. Brent Brennenstuhl , Bowling Green, KY, for appellees Joe Plunk, et al.

Paul Kevin Moore , Frankfort, KY, for appellees Adrian Hall, et al.

Before the Court Sitting En Banc.

OPINION

WINE, Judge:

These two consolidated appeals involve application of the one-year statute of limitations set forth in Kentucky Revised Statute ("KRS") 44.110 to actions arising in the circuit court, as upheld by this Court in Wagoner v. Bradley, 294 S.W.3d 467 (Ky. App.2009). In each case, an appeal has been filed from the dismissal of the action as time-barred under KRS 44.110.

In No. 2010...

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