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Garland v. Certainteed Corporation2/7/2003
upon the record at the time of the hearing, the trial court acted properly in granting summary judgment.
The Garlands also contend that the trial court erred by failing to enforce the court's master order concerning asbestos litigation and discovery. We believe this argument is without merit and deserves no further comment.
For the foregoing reasons, the order of the McCracken Circuit Court granting summary judgment to the Appellees is affirmed.
KNOPF, JUDGE, CONCURS.
JOHNSON, JUDGE, DISSENTS AND FILES SEPARATE OPINION.
JOHNSON, JUDGE, DISSENTING
I respectfully dissent. "A summary judgment, which is a final order, should not be entered as a form of penalty for failure of the plaintiff to prove his case quickly enough." "A summary judgment is only proper after a party has been given ample opportunity to complete discovery, and then fails to offer controverting evidence." I am of the opinion that the trial court abused its discretion by not allowing the appellants the opportunity to complete discovery. I would reverse the summary judgment and remand this matter for further discovery.
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