Jackson v. Estate of Gary DayAnnotate this Case
The Supreme Court affirmed the court of appeals' opinion affirming the trial court's grant of summary judgment in favor of Defendants and dismissing Plaintiffs' complaint based on this Court's holding in Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999), holding that the lower courts correctly held that Plaintiffs' claims were filed outside the statute of limitations period and that the requirements of Ky. R. Civ. P. 15.03 were not met.
Plaintiffs were injured when their vehicle was struck in the rear by a vehicle operated by Gary Day. Before the limitations period expired on their claims, Plaintiffs filed a personal injury complaint against Day. The parties did not know, however, that Day had died a year earlier. After expiration of the statute of limitations Plaintiffs successfully petitioned the probate court to appoint a public administrator for Day's estate. Plaintiffs then filed a complaint correctly naming the Estate as a party with the correct administrator. The trial court concluded that the claims were time barred. The Supreme Court affirmed, holding (1) Gailor is applicable and controlling; (2) knowledge of a claim cannot be imputed to a non-existent party to satisfy the notice requirement of Rule 15.03; and (3) this case did not warrant tolling of the statute of limitations.