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JACKSON v. ESTATE OF DAY

2018-SC-000297-DG.

595 S.W.3d 117 (2020)

Angela JACKSON and Lamont Marshall, Appellants v. ESTATE OF Gary DAY and USAA General Indemnity Company, Appellees.

Supreme Court of Kentucky.

February 20, 2020.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS: Michael Anthony Schafer , Christopher Allan Rogers , Louisville, THE SCHAFER LAW OFFICE.

COUNSEL FOR APPELLEE, ESTATE OF GARY DAY: Chris Meinhart , Louisville, MEINHART SMITH & MANNING, PLLC, Deborah C. Myers , Louisville, Jace Shackelford Martin , DILBECK & MYERS, PLLC.

COUNSEL FOR APPELLEE, USAA GENERAL INDEMNITY COMPANY: Eric Allen Hamilton , Elizabethtown, Andrew Tyler Garverich , Louisville, COLEMAN LOCHMILLER & BOND.

COUNSEL FOR AMICUS CURIAE, KENTUCKY JUSTICE ASSOCIATION: Kevin Crosby Burke , Louisville, Jamie Kristin Neal , BURKE NEAL, PLLC, Matthew Marston McGill , LOWDER & McGILL, PLLC.

Appellants Lamont Marshall and Angela Jackson were injured in a two-vehicle accident with Gary Day in February 2014. Despite a returned summons in the court record indicating that Day had died in December 2014, the Appellants did not discover his death until after the two-year statute of limitations expired...

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