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Commonwealth v. Hess

Court: Kentucky Supreme Court

Dockets: 2019-SC-0130-DG, 2019-SC-0208-DG

Opinion Date: June 17, 2021

Judge: Michelle M. Keller

Areas of Law: Civil Procedure, Personal Injury

The Supreme Court vacated the judgment of the court of appeals vacating the order of the trial court denying Ford Motor Company’s motion for summary judgment, holding that neither the court of appeals nor this Court had appellate jurisdiction of this unauthorized interlocutory appeal.

Plaintiff sued Ford and multiple other defendants, alleging that Ford was one of the parties responsible for causing his malignant mesothelioma. Just over two years after the suit was filed, Ford moved for summary judgment. The trial court denied the motion in a one-sentence handwritten order that contained no analysis or reasoning. The merits panel of the court of appeals vacated the trial court’s order and remanded for the trial court to enter another order with a basis for its determination. The Supreme Court vacated the judgment below and remanded it to the trial court for further proceedings, holding that the interlocutory order, in this case, did not meet the requirements of the collateral order doctrine, and therefore, the court of appeals and this Court lacked jurisdiction to hear the appeal.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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