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Pending Bill Would Extend Statute of Limitation on Third Party Defendants

By Edward A. Brutscher, Esq.

Mike Stevens of the Kentucky Law Review posted on pending House Bill 643, which will expand the ability of certain plaintiffs to sue. You will recall that a similar bill was previously pending but did not pass. Mike discusses the need for the bill and the misuse or use of the current rules by both parties.

Mike concludes; "Thus you have two choices, permit the extension of the statute of limitations following a third party apportionment claim so that the plaintiff may amend his/her complaint OR apply a theory of estoppel or waiver on the defendant for asserting an untimely claim after they have already answered."

While I certainly understand the perceived injustice that some think occurs, I simply do not believe this is such an issue, requiring a drastic change to the civil rules. See my previous thoughts on the same bill pending in the Senate in 2006, here.

Full post as published by Kentucky Tort Journal on March 04, 2008 (boomark / email).