Upper Pond Creek Volunteer Fire Department, Inc. v. Kinser
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The Supreme Court affirmed the decision of the court of appeals dismissing Upper Pond Creek Volunteer Fire Department, Inc.'s appeal of the trial court's denial of its motion to dismiss a portion of Plaintiffs' claims until material facts could be developed in discovery, holding that the court of appeals properly concluded that it lacked appellate jurisdiction.
Ronnie and Amanda Kinser filed this complaint alleging that the fire department was negligent in providing assistance to Ronnie and in hiring, training, supervising, and retaining its employees. Pond Creek filed a motion to dismiss, asserting governmental immunity under Ky. Rev. Stat. 75.070. The circuit court granted the motion. The Kinsers filed a motion to alter, amend, or vacate, arguing that section 75.070 does not expressly apply to their claims for negligent hiring and training. The circuit court granted the Kinsers 120 days to conduct discovery regarding the immunity of the fire department and its employees and then sustained the motion to alter, amend, or vacate as to the negligent hiring and training claims. The court of appeals dismissed Pond Creek's appeal for lack of jurisdiction, concluding that the interlocutory order was not immediately appealable. The Supreme Court affirmed, holding that this was an improper interlocutory appeal.
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