JOHN FORD, Ancillary Administrator of the Estate of Charles M. Jayne, Deceased v. Rdi/caesars Riverboat Casino, LLC; Caesars Riverboat Casino, LLC; Caesars Indiana

The Honorable Avern Cohn, United States District Judge for the Eastern District of*
Michigan, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0500n.06
No. 09-5001
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JOHN FORD, Ancillary Administrator of the
Estate of Charles M. Jayne, Deceased,
Plaintiff-Appellant,
v.
RDI/CAESARS RIVERBOAT CASINO,
LLC; CAESARS RIVERBOAT CASINO,
LLC; CAESARS INDIANA,
Defendants-Appellees.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF KENTUCKY
Before: COLE and COOK, Circuit Judges; COHN, District Judge*
PER CURIAM. Charles Jayne died in Kentucky in September 2004 when a drunk driver
struck his vehicle. Within a month of Charles’s death, an Indiana court appointed his son, Todd
Jayne, administrator of Charles’s estate. Seven months later, a Kentucky probate court appointed
John Ford as administrator of the same estate. In April 2006—eleven months after Ford’s
appointment—Ford brought a wrongful death action in Kentucky. The defendants removed, and the
district court dismissed the suit as barred by Kentucky’s one-year wrongful death statute of
limitations, see Ky. Rev. Stat. 413.180, holding that the limitations period began running when the
Indiana court appointed Todd. Ford timely appealed.

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No. 09-5001
Ford v. RDI/CAESARS
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The sole issue presented by this appeal concerns whether Kentucky’s wrongful death statute
of limitations commenced when an Indiana probate court appointed an administrator of the
decedent’s estate. The district court concluded that it did, and we discern no error in that
determination. Because our review of the record, the applicable law, and the parties’ briefs
convinces us that the district court’s memorandum opinion carefully and correctly set out the facts
and the governing law, a full opinion from this court would be duplicative and serve no
jurisprudential purpose. We therefore affirm the district court judgment dismissing the wrongful
death claim as untimely, adopting the reasoning of the district court’s December 2, 2008, opinion.
See Ford v. RDI/Caesars Riverboat Casino, LLC, No. 3:06-CV-243-H, 2008 WL 5109750 (W.D.
Ky. 2008).

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