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AN ACT relating to civil actions.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS 413.090 TO 413.160 IS CREATED TO
READ AS FOLLOWS:
An action for wrongful death shall be commenced within two (2) years after the date of
death.
Section 2. KRS 411.130 is amended to read as follows:
(1)
Whenever the death of a person results from an injury inflicted by the negligence or
wrongful act of another, damages for economic and noneconomic loss may be
recovered for the death from the person who caused it, or whose agent or servant
caused it. If the act was willful or the negligence gross, punitive damages may be
recovered. The action shall be prosecuted by the personal representative of the
deceased, unless damages for noneconomic loss are sought in which case the
action shall be joined by the surviving spouse, children, or parents of the
deceased, or such combination thereof who is claiming that loss.
(2)
The amount recovered under this section, less funeral expenses and the cost of
administration and costs of recovery including attorney fees, not included in the
recovery from the defendant, shall be for the benefit of and go to the kindred of the
deceased in the following order:
(a)
If the deceased leaves a widow or husband, and no children or their
descendants, then the whole to the widow or husband.
(b)
If the deceased leaves a widow and children or a husband and children, then
one-half (1/2) to the widow or husband and the other one-half (1/2) to the
children of the deceased.
(c)
If the deceased leaves a child or children, but no widow or husband, then the
whole to the child or children.
(d)
If the deceased leaves no widow, husband, or child, then the recovery shall
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pass to the mother and father of the deceased, one (1) moiety each, if both are
living; if the mother is dead and the father is living, the whole thereof shall
pass to the father; and if the father is dead and the mother living, the whole
thereof shall go to the mother. In the event the deceased was an adopted
person, "mother" and "father" shall mean the adoptive parents of the deceased.
(e)
If the deceased leaves no widow, husband, or child, and if both father and
mother are dead, then the whole of the recovery shall become a part of the
personal estate of the deceased, and after the payment of his debts the
remainder, if any, shall pass to his kindred more remote than those above
named, according to the law of descent and distribution.
Section 3. KRS 411.145 is amended to read as follows:
(1)
As used in this section "consortium" means the right to the services, assistance, aid,
society, companionship, and conjugal relationship between spouses, that exist
between spouses or between parent and child[husband and wife, or wife and
husband].
(2)
A spouse or child of a decedent, or combination thereof,[Either a wife or husband]
may recover damages against a third person for loss of consortium, resulting from a
negligent or wrongful act of such third person. Both minor children and children
of the age of majority and above may recover under this section.
Section 4. KRS 411.150 is amended to read as follows:
The surviving spouse and child, under the age of eighteen (18) or either of them, of a
person killed by the careless, wanton or malicious use of a deadly weapon, not in selfdefense, may have an action against the person who committed the killing and all others
aiding or promoting, or any one (1) or more of them. In such actions the jury may
compensate the plaintiff for economic and noneconomic loss and may also give
vindictive damages.
Section 5. KRS 413.140 is amended to read as follows:
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(1)
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The following actions shall be commenced within one (1) year after the cause of
action accrued:
(a)
An action for an injury to the person of the plaintiff, or of her husband, his
wife, child, ward, apprentice, or servant, except that an action for wrongful
death shall be commenced within the period provided in Section 1 of this
Act;
(b)
An action for injuries to persons, cattle, or other livestock by railroads or other
corporations, with the exception of hospitals licensed pursuant to KRS
Chapter 216;
(c)
An action for malicious prosecution, conspiracy, arrest, seduction, criminal
conversation, or breach of promise of marriage;
(d)
An action for libel or slander;
(e)
An action against a physician, surgeon, dentist, or hospital licensed pursuant
to KRS Chapter 216, for negligence or malpractice;
(f)
A civil action, arising out of any act or omission in rendering, or failing to
render, professional services for others, whether brought in tort or contract,
against a real estate appraiser holding a certificate or license issued under
KRS Chapter 324A;
(g)
An action for the escape of a prisoner, arrested or imprisoned on civil process;
(h)
An action for the recovery of usury paid for the loan or forbearance of money
or other thing, against the loaner or forbearer or assignee of either;
(i)
An action for the recovery of stolen property, by the owner thereof against any
person having the same in his possession; and
(j)
An action for the recovery of damages or the value of stolen property, against
the thief or any accessory.
(2)
In respect to the action referred to in paragraph (e) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time the injury is first
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discovered or in the exercise of reasonable care should have been discovered;
provided that such action shall be commenced within five (5) years from the date on
which the alleged negligent act or omission is said to have occurred.
(3)
In respect to the action referred to in paragraph (f) of subsection (1) of this section,
the cause of action shall be deemed to accrue within one (1) year from the date of
the occurrence or from the date when the cause of action was, or reasonably should
have been, discovered by the party injured.
(4)
In respect to the action referred to in paragraph (h) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time of payment. This limitation
shall apply to all payments made on all demands, whether evidenced by writing or
existing only in parol.
(5)
In respect to the action referred to in paragraph (i) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time the property is found by its
owner.
(6)
In respect to the action referred to in paragraph (j) of subsection (1) of this section,
the cause of action shall be deemed to accrue at the time of discovery of the
liability.
Section 6. KRS 413.180 is amended to read as follows:
(1)
If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies
before the expiration of the time limited for its commencement and the cause of
action survives, the action may be brought by his personal representative after the
expiration of that time, if commenced within one (1) year after the qualification of
the representative.
(2)
If a person dies before the time at which the right to bring any action mentioned in
KRS 413.090 to 413.160 would have accrued to him if he had continued alive, and
there is an interval of more than one (1) year between his death and the qualification
of his personal representative, that representative, for purposes of this chapter, shall
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be deemed to have qualified on the last day of the one-year period. This subsection
shall not apply to a personal representative bringing an action for wrongful death
which action shall be commenced, if at all, within the period provided in Section
1 of this Act.
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