Lindsey Childers, as Administratrix of the Estate of Cameron Pearson; Lindsey Childers, as Next Friend and Guardian of A.P., C.P., and E.P., Minors; and Amanda Waits v. William S. Albright; BASU Properties, LLC; and Hardshell Tactical, LLC

Summary

The Kentucky Supreme Court held that the Court of Appeals lacked jurisdiction to review an interlocutory order denying immunity under Kentucky’s Stand Your Ground statute, KRS 503.085, in a civil action. The court concluded that the order did not satisfy the collateral order doctrine because it did not involve a substantial public interest that would be imperiled absent immediate review. The court vacated the Court of Appeals’ opinion and remanded the case to the Jefferson Circuit Court.

Holdings

1. The Court of Appeals lacked jurisdiction because the interlocutory order denying KRS 503.085 immunity to private defendants in a civil action did not satisfy all elements of the collateral order doctrine.

Questions Presented

1. Whether the Kentucky Court of Appeals had jurisdiction to review an interlocutory order denying CR 12.03 motions asserting immunity under KRS 503.085 in a civil action.
2. Whether the order denying the asserted immunity satisfied the three elements of Kentucky's collateral order doctrine.

Disposition

vacated