Addy v. Lopez

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Raven Addy-Cruz was killed in an automobile accident caused by Lyle Carman. Carman was employed by Lopez Trucking. Lopez Trucking had been hired by Werner Construction (Werner) to haul debris from a construction site. Addy-Cruz’s estate filed a wrongful death suit against Carman, the owner of Lopez Trucking (Lopez), and Werner. Summary judgment was entered in favor of Werner. The estate, Carman, and Lopez then entered a joint stipulation to dismiss without prejudice. Thereafter, the estate filed a notice of appeal from the order sustaining summary judgment in favor of Werner. The Supreme Court dismissed the appeal, holding that the estate’s voluntary dismissal of the cause of action without prejudice did not create a final order from which an appeal could be brought. View "Addy v. Lopez" on Justia Law