May 24, 2017
Last week, the Kentucky Court of Appeals issued an opinion holding that an immediate appeal is not available to review an order denying a motion to dismiss on immunity grounds when there are "disputed issues of material fact" regarding the defendant's entitlement to immunity. Chen v. Lowe, 2015-CA-1065. Although the Court of Appeals has reached this conclusion before, this appears to be the first published decision on this specific issue. The Court reasoned that because the trial court determined that it could not resolve the immunity issue on the pleadings alone, "factual issues remain unresolved and the immunity question remains open." Thus, the Court dismissed the appeal as interlocutory.