Larry J. Christain v. Appalachian Regional Healthcare, Inc.

RENDERED: APRIL 30, 2021; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2019-CA-1736-MR

LARRY J. CHRISTAIN APPELLANT

APPEAL FROM PIKE CIRCUIT COURT v. HONORABLE STEVEN D. COMBS, JUDGE

ACTION NO. 19-CI-00682

APPALACHIAN REGIONAL

HEALTHCARE, INC. APPELLEE

OPINION

AFFIRMING ** ** ** ** **

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 CR1 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.

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. KRS2 413.140(1)(e).

We affirm.

ALL CONCUR.

BRIEFS FOR APPELLANT: BRIEF FOR APPELLEE: Larry Christain, pro se Gene Smallwood, Jr. Williamson, West Virginia Nathaniel R. Kissel Whitesburg, Kentucky