Thompson v. Killary
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In this case, the Supreme Court of Kentucky was asked to determine whether the 2017 and 2021 amendments to KRS 413.249, which extended the statute of limitations for civil claims of childhood sexual assault and abuse, could be applied retroactively to revive claims that were already time-barred. The case arose out of the alleged sexual abuse of Samantha Killary by her adoptive father, Sean Jackman, and others. Killary filed a lawsuit against Jackman and others in 2018, after Jackman was convicted of the abuse. However, the defendants argued that the claims were time-barred under the 2007 version of KRS 413.249, which was in effect when the abuse occurred. The trial court and Court of Appeals disagreed on whether the 2017 and 2021 amendments could be applied retroactively to revive Killary's claims.
The Supreme Court of Kentucky held that while KRS 413.249 is a remedial statute that should be applied retroactively, the defendants had a vested right to assert a statute of limitations defense that was not overcome by the addition of a new triggering event in the 2017 and 2021 amendments. Furthermore, the court found that the 2021 amendment's provision for the revival of time-barred claims did not apply to Killary's claims because they were already time-barred at the time of the amendment's enactment. The court therefore reversed the Court of Appeals and affirmed the trial court's dismissal of the claims against the defendants. The court based its decision on a long line of Kentucky cases holding that a vested right to assert a statute of limitations defense cannot be divested by retroactive legislation.
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