Released for Publication June 11, 2015.
ON REVIEW FROM COURT OF APPEALS. NO. 2012-CA-000660-MR. JEFFERSON CIRCUIT COURT NO. 11-CI-006183.
COUNSEL FOR APPELLANT: Edward C. Airhart, P.S.C., Darren Paul Mayberry, Airhart & Associates.
COUNSEL FOR APPELLEE: William D. Kemper, Gwin, Steinmetz & Baird, PLLC.
OPINION OF THE COURT BY JUSTICE KELLER. All sitting. All concur.
The Jefferson Circuit Court granted summary judgment to Muluken Zeru, finding that Bonita Beaumont had not filed her complaint within the two year statutory period provided in Kentucky Revised Statute (KRS) 304.39-230(6). Beaumont appeals, arguing that the circuit court and the Court of Appeals incorrectly determined when her statutory period began to run. Having reviewed the record and the arguments of the parties, we reverse and remand.
On April 24, 2008, Zeru ran a stop sign and struck Beaumont's vehicle, causing significant physical injuries. Thereafter, Beaumont sought and received basic reparations/personal injury protection benefits (hereinafter PIP)from her insurer, Cincinnati Insurance Company (CIC).
On July 29, 2010, Beaumont's attorney wrote to CIC to find out when CIC had made its last PIP payment. A representative from CIC responded and reported that CIC had made " a payment" on September 25, 2009 to Kentucky Orthopedic Rehabilitation. Beaumont filed her complaint
on September 21, 2011, within two years of the date provided by CIC.
Thereafter, Zeru filed a motion for summary judgment arguing that Beaumont had not timely filed her complaint. In support of his motion, Zeru filed an August 13, 2009 letter from CIC to Jewish Hospital, stating that CIC was only making partial payment of the ...