Louisville, Kentucky, Of Counsel Doug Kemper and Associate Cyrus Dutton obtained affirmance of a case in which the plaintiff and our client were involved in a motor vehicle accident. After the accident, our client exited his vehicle and pulled the plaintiff out of his driver-side door. Upon making contact with the ground, the plaintiff broke bones in his foot and ankle. The plaintiff filed suit almost two years after the accident, claiming that the statute of limitations of the Motor Vehicle Reparations Act (MVRA) should apply. The Meade County Circuit Court dismissed the plaintiff’s Complaint on Summary Judgment. The plaintiff appealed the trial court’s order, and on appeal, the Kentucky Court of Appeals found that the appellant’s injuries did not arise out of the use of a motor vehicle, but were caused by the third-party intentional tort of assault. As such, the Court of Appeals found that the two-year statute of limitations under the MVRA did not apply; rather, the appellant’s complaint was barred by the one-year statute of limitations for personal injury claims.