Wicker / Brammell attorneys Bill Brammell and Kayla Campbell scored a big win this month in the Kentucky Supreme Court. In a significant, published decision the Supreme Court reaffirmed Kentucky’s longstanding principle that citizens of the Commonwealth have a vested right in the running of a statute of limitations. The case, titled *Samantha Killary v. Sean Jackman*, et. al., arose out of sexual assault claims brought by Killary against her stepfather Sean Jackman. Ancillary to those claims, Killary also sued her stepfather’s ex-girlfriend (Linda Thompson), and her stepfather’s dad (Rick Jackman), alleging that both were aware of the abuse but failed to report it. At the time she sued in 2018 (nine years after the last alleged abuse), Kentucky’s statute of limitations to file sexual abuse claims was only five years. Unfortunately for Killary, who waited nearly a decade after the abuse ceased to file suit, her claims against the “Non-Perpetrator Third Parties” had already expired so the case was dismissed. Adding a twist, however, the Kentucky General Assembly extended the statute of limitations for such claims while Killary’s case was on appeal. In addition to giving more time to sue, the legislature also tried to make the statute retroactive.

At issue before the Supreme Court was whether the General Assembly could lawfully revive Killary’s already expired claims against the Non-Perpetrators Linda Thompson and Rick Jackman (the ones that she alleged were aware of the abuse but failed to report it). In a resounding win, the Supreme Court held that citizens of the Commonwealth have a vested right in the running of a statute of limitations and cannot be divested of that right.

Watch the oral argument here and read the Supreme Court's Opinion here.