Ky. Appellate Court Reverses in Part Judgment Dismissing Asbestos Claims with Prejudice

FRANKFORT, Ky. –– A Kentucky appellate court has reversed in part an order dismissing an asbestos action with prejudice, finding that the case could not be dismissed with prejudice against non-moving parties.

In the Dec. 12 decision, the Kentucky Court of Appeals further held that dismissal of the action with prejudice against the moving parties was not too harsh of a penalty since the plaintiffs failed to diligently pursue their claims but instead “hoped to leave open the door to future claims on the speculative hope that additional injuries would emerge.”

James and Sandra Fuqua contended in their complaint …