Ray v. Porter

Plaintiffs, in this diversity action, claim to have been seriously injured in a collision between an automobile owned by the defendant, John Porter, and operated by his wife, Cheryl B. Porter, and a motor vehicle occupied by the plaintiffs. (The parties will be referred to as in the Court below). The collision occurred in the State of Kentucky on July 2, 1968. The Porters are residents and citizens of the State of Kentucky, plaintiffs are citizens of the State of Maryland. This action was filed on June 23, 1970, with John Porter and Cheryl B. Porter as defendants. On defendants motion the trial court dismissed the action on the ground that it was barred by the applicable Statute of Limitations of Kentucky, K.R.S. § 413.140(1) (a), which provides: