CIVIL – SOL for claims against gov’t employees is one year even if mva: Wagoner v. Bradley (CPA 9/4/2009)

Wagoner v. Bradley
2008-CA-001179 9/4/09 2009 WL 2835122 Released for pub.

Opinion by Judge Lambert; Judge Stumbo and Senior Judge Henry concurred. The Court affirmed an order of the circuit court dismissing appellant’s complaint related to a single-car accident in which she claimed that the appellees negligently erected a stop sign.

The Court held that the trial court did not incorrectly apply the one-year statue of limitations in KRS 44.110(1) and that the Motor Vehicle Reparations Act (MVRA) did not extend the one-year statute of limitations. The Court further held that the same statute of limitations applied to the Commonwealth and its employees, regardless of whether the alleged negligence involved discretionary or ministerial acts.