April 1, 2013 - Barry Burgess secured dismissal of lawsuit pending in the Circuit Court of McCracken County, Kentucky against a nursing home and its Executive Director.


Plaintiff filed suit in 2012 against a nursing home and its Executive Director claiming only violations of the Kentucky Long Term Care Resident's Act alleged to arise from a residency in 2007 and 2008. The Defense position included an argument that the action was governed by the one year statute of limitations for personal injury under KRS 413.140 et seq. instead of the five year statute of limitations under KRS 413.120(2). Ultimately the trial court dismissed the action based upon the Kentucky Court of Appeals decision in Allen v. Extendicare Homes, Inc. et al., Ky. CT. App. NO. 2012-CA-000050-MR.  Barry Burgess is admitted to practice in both Kentucky and Tennessee where he regularly defends nursing home liability cases.