Manning v. Arch Wood Prot., Inc., Civil Action No. 0:13-cv-00127-HRW-CJS (E.D. Ky. Sept. 27, 2017)
Won summary judgment for a wood preservative manufacturer based upon Kentucky’s one-year statute of limitations for personal injury claims, KRS 413.140. Plaintiff lineman alleged injury from exposure to treated wood poles. Federal district court found that plaintiff knew or the in the exercise of reasonable diligence should have known that his claim accrued more than one year before he filed suit. In doing so, the district court adopted the magistrate judge’s prior report and recommendations.