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OVERSTREET v. KINDRED NURSING CENTERS LTD

2013-SC-000620-DG.

479 S.W.3d 69 (2015)

James OVERSTREET, Administrator of the Estate of Lula Belle Gordon, Deceased, Appellant v. KINDRED NURSING CENTERS LIMITED PARTNERSHIP, d/b/a Harrodsburg Health Care Center; Kindred Nursing Centers East, LLC; Kindred Hospitals Limited Partnership; Kindred Healthcare, Inc.; Kindred Healthcare Operating, Inc.; and Kindred Rehab Services, Inc., d/b/a Peoplefirst Rehabilitation, Appellees

Supreme Court of Kentucky.

Rehearing Denied February 18, 2016.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Robert Earl Salyer , Corey Tomas Fannin , Wilkes & McHugh, P.A.

COUNSEL FOR APPELLEE: Donald Lee Miller, II , Kristin M. Lomond , James Peter Cassidy, III , Quintairos, Prieto, Wood & Boyer P.A., Louisville

OPINION OF THE COURT BY JUSTICE VENTERS

KRS 216.515 sets forth certain rights of nursing home residents. In this appeal we address the statute of limitations applicable to actions brought pursuant to that statute. We also consider whether actions based upon rights created by KRS 216.515 survive the death of the nursing home resident so that such actions may be brought after the resident's death by the personal representative of the resident's estate...

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