November 8 2005
Document Actions
Donald P. “Pat” Moloney II and Andrew DeSimone
Win Before the Court of Appeals
November 8, 2005
Lexington, Kentucky
The Kentucky Court of Appeals, in Brandee Toche v. Polaris Industries, Inc., et al., filed in the Russell Circuit Court, upheld the Court’s dismissal of the lawsuit on statute of limitations grounds. The Court of Appeals will publish this decision.
Moloney and DeSimone secured the dismissal of the lawsuit on behalf of their client, Polaris, who had been sued by Ms. Toche. Ms. Toche appealed the dismissal ordered by the Russell Circuit Court after it determined that her statute of limitations had expired before she filed the lawsuit. Ms. Toche was injured in a watercraft accident on Lake Cumberland on May 17, 2002. She was a passenger in a watercraft that was hit by another watercraft. She sued Polaris claiming that it had coordinated the event, The Lake Cumberland JAM Fest, where the incident occurred.
Despite Ms. Toche’s arguments to the Court of Appeals that watercraft injuries constitute a new cause of action, the Court of Appeals held, after oral argument, that the one-year personal injury statute applied and thus upheld the dismissal of her case.
