Estate of Harlow Stewart, by and Through Its Administratrix, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D.

CourtCourt of Appeals of Kentucky
DecidedFebruary 20, 2026
Docket2024-CA-1011
StatusUnpublished

This text of Estate of Harlow Stewart, by and Through Its Administratrix, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D. (Estate of Harlow Stewart, by and Through Its Administratrix, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of Harlow Stewart, by and Through Its Administratrix, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D., (Ky. Ct. App. 2026).

Opinion

RENDERED: FEBRUARY 20, 2026; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2024-CA-1011-MR

ESTATE OF HARLOW STEWART, BY AND THROUGH ITS ADMINISTRATRIX, BRITTANY D. SEXTON (AKA BRITTANY D. COOK); BRITTANY D. SEXTON (AKA BRITTANY D. COOK); AND KOREE A. STEWART APPELLANTS

APPEAL FROM SCOTT CIRCUIT COURT v. HONORABLE KATHRYN H. GABHART, JUDGE ACTION NO. 23-CI-00515

COY ALDEN FLOWERS, M.D., AND GEORGETOWN COMMUNITY HOSPITAL, LLC APPELLEES

OPINION REVERSING AND REMANDING

** ** ** ** **

BEFORE: CALDWELL, MCNEILL, AND TAYLOR, JUDGES.

TAYLOR, JUDGE: The Estate of Harlow Stewart, by and through its

administratrix, Brittany D. Sexton, (a/k/a Brittany D. Cook), Brittany D. Sexton

(a/k/a Brittany D. Cook), and Koree A. Stewart bring this appeal from a July 18, 2024, Opinion and Order dismissing the action as time-barred. We reverse and

remand.

Brittany D. Sexton and Koree Stewart were involved in a motor

vehicle accident with another vehicle on October 3, 2021. Sexton sought care from

the Georgetown Community Hospital, LLC (Georgetown Hospital) for pain related

to the accident and to ensure her pregnancy was unaffected. At the time, Sexton

was thirty-five weeks pregnant, and Stewart was the father of the unborn child

(Harlow). Sexton was treated by Coy Alden Flowers, M.D., at the Georgetown

Hospital. Some twenty-one days later, on October 24, 2021, Harlow was delivered

stillborn.1 Sexton was appointed administratrix of Harlow’s estate on May 8,

2023.

In a separate action in 2023, Sexton and Stewart filed a complaint

against the driver of the other vehicle involved in the accident alleging negligence.

Sexton and Stewart claimed that the stillbirth of Harlow was caused by the motor

vehicle accident. To prove their claims, Sexton and Stewart retained a medical

expert. On March 3, 2023, the medical expert informed Sexton and Stewart that he

1 There is disagreement between the parties as to whether the stillbirth occurred on October 23, 2021, or October 24, 2021. The one-day difference is not material to resolution of this appeal. Nonetheless, viewing the facts most favorable to Brittany D. Sexton and Koree Stewart, we shall utilize the October 24, 2021, date.

-2- believed that Dr. Flowers/Georgetown Hospital committed medical negligence and

that such medical negligence also contributed to causing the stillbirth of Harlow.

As a result, on July 31, 2023, Sexton, individually and as personal

representative of Harlow’s estate, and Stewart filed the instant action against Dr.

Flowers and Georgetown Hospital. In the complaint, it was alleged:

COUNT I WRONGFUL DEATH OF HARLOW STEWART

1. Plaintiff’s Certificate of Merit is attached hereto and marked as Exhibit 1.

2. This a claim for the wrongful death of Harlow Stewart brought by the Estate of Harlow Stewart, by and through the Administratrix, Brittany Sexton, pursuant to KRS 411.130.

3. Harlow Stewart was stillborn on October 23, 2021.

4. The Estate of Harlow Stewart is an estate established by the Scott District Court in Scott County, Kentucky. Brittany Sexton was appointed its Administratrix by the said order on May 8, 2023.

....

8. The agents, servants, and/or employees and/or ostensible and/or apparent agents servants of Georgetown Hospital both jointly and severally rendered care and treatment in their professional capacities to Plaintiff Sexton and were at all times within the scope of their respective agency and/or employment.

9. That on or about October 3, 2021, Georgetown Community Hospital was negligent in its treatment and care of Plaintiff Sexton by acts of omission and/or

-3- commission. These deviations from the accepted standard of care in the performance of their duties were a substantial factor in causing the wrongful death of Harlow Stewart.

10. At all times relevant herein, Dr. Flowers was a resident of the Commonwealth of Kentucky and a Doctor of Medicine that practiced medicine in the Commonwealth of Kentucky and provided medical care to Plaintiff Sexton and Harlow Stewart.

11. The acts of negligence hereinafter alleged against Dr. Flowers were performed in Scott County, Kentucky[,] during the course of a medical provider relationship with Plaintiff Sexton and Harlow Sexton.

12. That on or about October 3, 2021, while serving as the obstetrician on call for Georgetown Community Hospital, Dr. Flowers was negligent in his care and treatment of Plaintiff Sexton. These deviations from the accepted standards of care in the performance of his duties was a substantial factor in causing the wrongful death of Harlow Stewart.

13. As a result of the above negligence, Plaintiff [sic] Estate suffered damages and seeks recovery of damages suffered by Harlow Stewart’s wrongful death, including such sums as will fairly and reasonably compensate the decedent’s estate for the destruction of decedent’s earning power, funeral expenses, and administration costs and said damages are in excess of the jurisdictional limit of this Court.

-4- COUNT II PLAINTIFFS BRITTANY SEXTON’S AND KOREE STEWART’S LOSS OF CHILD CONSORTIUM

18. The negligent and reckless conduct described above of the Defendants caused the wrongful death of Harlow Stewart.

19. As a result of the negligent and reckless acts of the Defendants described above that caused the wrongful death of Harlow Stewart, Plaintiffs Stewart and Sexton lost the affection and companionship that would have been derived from Harlow Stewart during her minority.

20. Plaintiffs Sexton and Stewart bring their claims for this loss of consortium pursuant to KRS [Kentucky Revised Statutes] 411.135.

July 31, 2023, Complaint at 2-4. Thereafter, Dr. Flowers and Georgetown Hospital

filed answers and also filed motions to dismiss.

In their motions to dismiss, Dr. Flowers and Georgetown Hospital

maintained that the claims against them were filed untimely and were time-barred.

They pointed out that Sexton received medical treatment on October 3, 2021,

Harlow was stillborn on October 24, 2021, Sexton was appointed administratrix of

Harlow estate on May 8, 2023, and the complaint was filed on July 31, 2023. As

to the wrongful death claim, Dr. Flowers and Georgetown Hospital argued that

Kentucky Revised Statutes (KRS) 413.180 mandated that a personal representative

must be appointed within one year of the decedent’s death or the wrongful death

-5- claim was time-barred. Because Sexton was not appointed within one year of

Harlow’s death, Dr. Flowers and Georgetown Hospital asserted that the wrongful

death claim was time-barred by KRS 413.180. Additionally, Dr. Flowers and

Georgetown Hospital contended that the loss of consortium claims were, likewise,

time-barred. Dr. Flowers and Georgetown Hospital maintained that KRS

413.140(1)(a) provides for a one-year statute of limitations for a parental loss of

consortium claim. According to Dr. Flowers and Georgetown Hospital, the loss of

consortium claim accrued on October 3, 2021, when Sexton received medical care,

and the complaint was not filed until July 31, 2023, which was untimely.

Similarly, Dr. Flowers and Georgetown Hospital asserted that the medical

negligence claim was time-barred as the compliant was not filed within a year of

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Estate of Harlow Stewart, by and Through Its Administratrix, Brittany D. Sexton (Aka Brittany D. Cook) v. Coy Alden Flowers, M.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-harlow-stewart-by-and-through-its-administratrix-brittany-d-kyctapp-2026.