July 15, 2016
Kentucky courts' traditional disfavor for granting summary judgment is "slowly eroding before our very eyes," according to the dissent in an opinion issued by the Kentucky Court of Appeals today. Mannahan v. Eaton Corp., 2013-CA-2005. The dissent comes in an opinion applying Kentucky's causation standard for asbestos cases. The Court of Apeals affirmed the trial court's grant of summary judgment to the product-manufacturer defendants, holding that there was insufficient evidence that the decedent was exposed to the defendants' products.