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Hedgepath v. American Telephone and Telegraph Company12/10/2001
t an attempt to curtail Garrett-style exceptions, thereby requiring a closer inquiry into their continued viability.
Because of the dissonance in the precedent in regard to the appealability of the denial of a motion for summary judgment, we decline to address the issue on the merits.
THE SHARPE APPEAL
On May 2, 1996, Toby Sharpe, a former employee of Nassau and Gaston Copper, filed a complaint against Nassau and Gaston Copper seeking damages for personal injury and property damage. Sharpe alleged causes of action for negligence, trespass, nuisance, and strict liability. Nassau and Gaston Copper denied the material allegations of the complaint and asserted the statute of limitations as an affirmative defense. In May 1997, the trial court granted Nassau's motion to dismiss Sharpe's claim for personal injury arising out of workplace exposure. The trial court held Sharpe's claims for personal injuries arising out of residential exposure and claims for property damage could be pursued by him.
Nassau and Gaston Copper subsequently filed motions for summary judgment based upon the statute of limitations. Sharpe opposed the motions. The trial court denied Nassau's motion, concluding that although the statute of limitations had expired, Nassau was equitably estopped from asserting the defense. The trial court granted Gaston Copper's motion for summary judgment concluding Sharpe alleged he developed cancer while working at the plant during the time it was owned by Nassau. In a later order on a motion to reconsider, the trial court specifically clarified that Sharpe's claims against Nassau were limited to property damage only. Nassau appeals the order denying summary judgment.
For the reasons stated in the Hedgepath portion of this opinion, we decline to address the merits of Nassau's appeal from the denial of summary judgment.
CONCLUSION
We affirm the decision of the trial court in the Banyard case. However, we decline to address whether the trial court properly denied summary judgment in the Hedgepath and Sharpe cases due to the discord in the case law concerning the appealability of such orders.
AFFIRMED AS ADDRESSED.
CONNOR and SHULER, JJ., concur.
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