Opinion
NO. 2019-CA-1736-MR
04-30-2021
LARRY J. CHRISTAIN APPELLANT v. APPALACHIAN REGIONAL HEALTHCARE, INC. APPELLEE
BRIEFS FOR APPELLANT: Larry Christain, pro se Williamson, West Virginia BRIEF FOR APPELLEE: Gene Smallwood, Jr. Nathaniel R. Kissel Whitesburg, Kentucky
NOT TO BE PUBLISHED APPEAL FROM PIKE CIRCUIT COURT
HONORABLE STEVEN D. COMBS, JUDGE
ACTION NO. 19-CI-00682 OPINION
AFFIRMING
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BEFORE: ACREE, DIXON, AND MCNEILL, JUDGES. ACREE, JUDGE: Larry J. Christain appeals the Pike Circuit Court's order dismissing his medical negligence claim against Appalachian Regional Healthcare, Inc., because he failed to initiate the action within the statutory limitations period. For the following reasons, we affirm.
Never have jurists on this Court seen a brief less compliant with CR 76.12 than that filed by Christain. We could dismiss this appeal summarily for that reason alone, but we will not. The case is easily affirmed for substantive reasons.
Kentucky Rules of Civil Procedure.
By his own averment in the complaint, Christain was the victim of events occurring on July 7, 2017. He filed his complaint on June 28, 2019. The limitations period for such a cause of action is one (1) year. KRS 413.140(1)(e).
Kentucky Revised Statutes. --------
We affirm.
ALL CONCUR. BRIEFS FOR APPELLANT: Larry Christain, pro se
Williamson, West Virginia BRIEF FOR APPELLEE: Gene Smallwood, Jr.
Nathaniel R. Kissel
Whitesburg, Kentucky