Mea Culpa: Corrected digested NPO Decision on Board of Claims SOL

Even though the following decision was not published, our digest was incorrect in indicating that the date of the accident would be counted for statute of limitation purposes for a board of claims case. 

The date of the accident is not counted.  Therefore, the SOL starts the next day and ends a year later.  Therefore, a year and a day will work.

SALLIE V. COM.
BOARD OF CLAIMS:  Statute of limitations (one year and day is NOT too late per KRS 44.110(1))

2005-CA-002002
NOT PUBLISHED 
DATE RENDERED: 9/1/2006

KRS 44.110(1) provides that claims must be filed with the board within “one year from the time the claim for relief accrued.”  Rejecting the earlier decision in Commonwealth Dept. of Highways v. Baker, the Court of Appeals  held  the day of the accident is NOT to be considered to determine when the action accrued and reversed the  the summary judgment which dismissed the claim as untimely filed.  The claims was filed one year and one day after the accident – it is timely!!

HOWEVER, KRS 446.030 was amended after Baker as follows – "In computing any period of time prescribed or allowed…by statute or regulation, the day of the act, event or default after which the designated period of time begins to run is not to be included."

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

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