Red Lobster v. Emberton – Upholding Kentucky's Statute of Limitations

Kentucky Supreme Court 

The plaintiff waited three years to sue Red Lobster, even though he began experiencing symptoms of hepatitis A less than a month after eating at the restaurant. Kentucky has a one-year statute of limitations. The trial court allowed the claim to proceed to a jury after accepting plaintiff's argument that the statute of limitations did not begin to run until plaintiff "discovered" through an attorney that the hepatitis was caused by eating at Red Lobster. The appellate court reversed finding no exception to the one-year limit since plaintiff had noticed that his illness was the result of eating out when he got sick and was contacted by the health department.

Status: DECIDED. Amicus brief filed in support of defendant on June 25, 2008. Unfortunately, the court rejected NFIB's motion to file the amicus brief.