Standards of Review: Of trial court’s denial of summary judgment re appealability of denial vs. granting vs. governmental immunity

The following decision summarizes the law regarding appeal of summary judgment ruling.

Although not an issue presented, we clarify a procedural point. A denial of summary judgment is generally interlocutory and not appealable. However, a denial of summary judgment that constitutes adjudication on the merits or based purely on a matter of law is reviewable on appeal. Ford Motor Credit Co. v. Hall, 879 S.W.2d 487, 489 (Ky.App. 1994). The questions presented in this case are purely questions of law and, therefore, the denial of summary judgment is properly before this Court.2

See Breathitt County Bd. of Educ. v. Prater, 292 S.W.3d 883 (Ky. 2009), holding that a denial of summary judgment on the basis of governmental immunity is immediately appealable. Although that case involved governmental immunity, its reasoning is equally applicable to this case involving qualified official immunity.

647
GIBSON (CARLA)
VS.
HICKS (DONNA K.)
OPINION REVERSING AND REMANDING
THOMPSON (PRESIDING JUDGE)
LAMBERT (CONCURS) AND VANMETER (CONCURS)
2011-CA-001090-MR
TO BE PUBLISHED
PERRY