Pending Premises Issues Not Enough to Justify Discovery Stay in Asbestos Case

FRANKFORT, Ky. - A trial court's decision to stay discovery in a pending asbestos case while an appeals court decided whether premises defendants named in the case had been properly awarded summary judgment was an abuse of discretion because of the hardship the delay may cause plaintiffs, Kentucky's highest court has ruled. Rehm v. Honorable Denise Clayton, et al., No. 2003-SC-0533-MR (Ky. Sup. Ct.).

In an April 22 opinion, the Supreme Court of Kentucky ruled that potential harm caused by staying discovery while the appeals court rules on the summary judgment awards outweighs any burden on defendants that might result …