In a total victory for the client, the Kentucky Supreme Court upheld the dismissal of a lawsuit against a client in Knox Circuit Court in T&J Land Co., LLC v. Miller. The plaintiff was injured while visiting an office in a strip mall when an accident in the parking lot sent an SUV into the building, pinning him under a fallen wall. He sued not only both the drivers of the vehicles, but the owner of the strip mall as well under a theory of premises liability. He filed suit against the strip mall owner almost two years after the accident, claiming that the statute of limitations of the Motor Vehicle Reparations Act should apply because an auto accident was involved, not the shorter one-year statute of limitations for other kinds of claims. The Knox Circuit Court dismissed the claim but was reversed by the Kentucky Court of Appeals. The Kentucky Supreme Court upheld the dismissal, holding that the MVRA doesn’t apply in circumstances where neither the plaintiff nor defendant had anything to do with the cars at issue and the claim doesn’t arise under the statute. This victory was secured for the client by McBrayer Member Rob Maclin and the McBrayer team. The case is T & J Land Co., LLC v. Miller, No. 2023-SC-0051-DG, 2024 WL 4310163 (Ky. Sept. 26, 2024).
