The depositions of Dolores Stockman and her treating physician were taken. At the depositions, Hullverson repeatedly elicited information suggesting Plaintiffs' damages were both sustained and capable of ascertainment more than five years before suit was originally filed. Corporate-Defendants then filed a joint motion for summary judgment alleging once again that the statute of limitations had expired and attached portions of the depositions in support. After briefing and argument, the trial court granted summary judgment to Corporate-Defendants on Plaintiffs' product liability claims. Thereafter, Plunkert, on behalf of Plaintiffs, filed a motion to reconsider the judgment, or in the alternative, to designate the order final for purposes of appeal.
Plaintiffs object to any interlocutory appeal.
Plunkert was permitted to withdraw his representation of Lawyer-Defendants and consequently, representation of Plaintiffs on the statute of limitations issue. Thereafter, Lawyer-Defendants retained separate counsel, who each filed a motion to reconsider on his own behalf. Each also moved to dismiss Plaintiffs' legal malpractice claim contending it was premature and involved improper third party practice. After consideration, the trial court denied Lawyer-Defendants' motions to reconsider and designated the case final for purposes of appeal. Simultaneously, it dismissed Plaintiffs' legal malpractice claims in accordance with Lawyer-Defendants' requests.