|Court of Appeals of Kentucky.|
|Patsy Clay Marcum WENNEKER et al., Appellants, v. Georgiabel Bishop BAILEY, Appellee.|
|July 2, 1965.|
|ACTION: Reversed with directions.|
Action for injuries sustained in an automobile accident. From a judgment of the Circuit Court, Clay County, William Dixon, J., in favor of the plaintiff, the defendants appealed. The Court of Appeals, Palmore, J., held that where plaintiff was injured in an automobile accident in 1955 when she was 14 years old and unmarried, plaintiff married in 1960, and in 1962, within one year after attaining age of 21 she brought action for injuries arising out of such accident, the action was barred by limitations.
The appellee, Georgiabel B. Bailey, was injured in an automobile accident in 1955, at which time she was 14 years of age and unmarried. She married in 1960 at the age of 19. Two years later, in 1962, and within one year after attaining the age of 21, she brought this action for her personal injuries arising out of the 1955 accident. The defendants pleaded limitations, and thereafter at proper times during the proceeding made motions for summary judgment, directed verdict, and judgment n. o. v., all of which were overruled. They appeal from a judgment entered pursuant to a jury verdict awarding the appellee $3,000.
To sustain this judgment would require us to overrule Hicks v. Steele, which the court specifically declined to do in Williamson v. Carr-Consolidated Biscuit Co. The question was discussed fully in Hicks v. Steele, and it would serve no useful purpose to repeat what can be found in that opinion. The provision with respect to married women then contained in �� 34, 35 and 36 of the Civil Code are today preserved. What was then � 2525 of the Kentucky Statutes has been carried into KRS 413.170. The basic arguments on the issue of whether the unqualified term 'infant' in the latter statute includes or should be construed to include a married infant are still the same. As an original proposition the question might well have been decided either way, but it has been laid to rest too long to resurrect it now.
The cause is reversed with directions that a judgment be entered dismissing the complaint.
WENNEKER v. BAILEY
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