Split Kentucky High Court Affirms Ruling Upholding Care Home Death Suit Dismissal

( November 1, 2024, 8:07 AM EDT) -- FRANKFORT, Ky. — A split Kentucky Supreme Court affirmed an appellate court ruling upholding a lower court’s dismissal of a wrongful death suit against a nursing home for filing outside the statute of limitations, finding that because a probate proceeding constitutes a special statutory proceeding, the state law making an executor’s appointment effective the date it is signed by a judge “prevails” over a state rule of civil procedure making the effective date when the court clerk filed the order....