Kentucky Supreme Court restricts liability in decades-old child sex abuse cases
The Kentucky Supreme Court has ruled in the case of Thompson v. Killary, limiting the exposure of third parties to liability under Kentucky's statute of limitations for childhood sexual abuse claims. The ruling, which came in February 2024, has significant implications for entities such as churches, state actors, and educational institutions.
The case involved Killary, who alleged sexual abuse by her adoptive father and negligence by her father's employer, the Louisville Metro Police Department. The Kentucky Public Service Commission was initially involved as a third party asserting a defense based on the statute of limitations.
In 2021, the Kentucky legislature made the statute retroactive, seemingly reviving all previously time-barred claims for childhood sexual abuse against third parties. However, the Supreme Court ruled that extending the statute of limitations for child sexual abuse claims against third parties conflicts with federal authority. The court held that third-party defendants have a vested right to a statute of limitations defense, which is beyond legislative control.
In the final ruling, the court found that Killary's cause of action against her father's employer was barred by the statute of limitations. This decision underscores the importance of the statute of limitations as a vested right and sets a precedent for future cases involving third-party liability in Kentucky.
