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White v. Perkins

United States District Court, W.D. Kentucky, Louisville

March 11, 2015

MARY WHITE, Administratrix of the Estate of PAUL WHITE, Plaintiff,
v.
CARL L. PERKINS, et al., Defendants.

MEMORANDUM OPINION AND ORDER

CHARLES R. SIMPSON, III, Senior District Judge.

This matter is before the court on motion of Mary White, Administratrix of the Estate of Paul White, for leave to file an intervening complaint to add a claim for loss of consortium on her own behalf. DN 20. The defendants, Carl L. Perkins and Hartshorn, LLC, oppose the motion and have filed a motion in limine to exclude evidence of or any claim of damages arising from Paul White's death on May 7, 2014. DN 25.

On April 4, 2013, defendant Perkins, an employee of Hartshorn, LLC, was operating a motor vehicle which collided with the vehicle being operated by Paul White. White suffered extensive injuries allegedly including traumatic brain injury, broken ribs, vertebral fractures, lacerations and contusions. After the accident, White is alleged to have suffered from chronic pain syndrome, dehydration, depression, anxiety, decubitus ulcers, chronic fatigue, loss of memory, loss of appetite, hypersomnia, confusion, cognitive deficits, loss of recognition of friends, inability to manage daily affairs, including his fiscal affairs, home and property management, and upkeep of his home and property. Paul White filed a complaint for personal injuries against Perkins and Hartshorn on February 4, 2014.

On May 7, 2014, White began working on the family Yard Machine lawnmower by hoisting it in the air via a strap system which included nylon ropes. While White was under the lawnmower, one of the nylon ropes snapped and the lawnmower fell on him, killing him.

After his death, Mary White, as administratrix of the estate, revived her husband's claims. On November 20, 2014, she filed the present motion seeking leave to file an intervening claim to state a claim for loss of the consortium of her husband. For the reasons set forth below, the motion must be denied, as Mary White's claim for loss of consortium is time-barred.

The proposed intervening complaint (DN 20) of Mary White contains, in pertinent part, the following allegations:

7. Paul White, Mary White's now deceased husband, suffered significant injuries as a result of the April 4, 2013 motor vehicle accident caused by Carl Perkins included [sic] but is [sic] not limited to, traumatic brain injury, multiple broken ribs, vertebral fracture C6-7, severe lacerations, multiple contusions, head and neck bruising and cognitive deficits.
8. The injuries suffered as a result of the April 2013 motor vehicle accident as detailed in Paragraph 7 resulted in... confusion, cognitive deficits, ... inability to manage daily affairs which include... equipment maintenance for home and property.
9. As a result of Paul White's conditions and resulting limitations as in Paragraph 7 and 8, Paul White's son, Brian Simmons, moved home to take care of his parents' home/property and maintain the equipment for the property upkeep...
11. Due to his injuries and resulting conditions, on or about May 7, 2014, Paul White chose to work on the family... lawnmower... alone...
13. On or about May 7, 2014, while working under... [the] lawnmower alone, one of the nylon ropes broke, causing the lawnmower to fall and kill Paul White.
14. The expected testimony of Paul and Mary White's co-workers, family, and friends will include but is not limited to:
...
d. One or more observed that the specific nylon rope that had snapped was frayed, discolored (sun bleached) ...

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