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Judge denies interlocutory appeal request in Miller v. John Doe over FedEx vehicle identity
Summary
A county judge refused to allow an interlocutory appeal in a personal‑injury case where plaintiff reported being struck by a vehicle with FedEx markings; the judge found the jury should resolve disputed facts about the driver and owner identity and denied relief under Rule 9.
A county circuit judge denied a defense request for an interlocutory appeal in a case where a motorist alleged she was struck by a vehicle bearing FedEx markings.
The defense argued the plaintiff had effectively identified FedEx as the owner and that the carrier should be added as a defendant rather than forcing the insurer to remain in the case; counsel sought early appellate review under Rule 9. Caroline Preston, representing the plaintiff, said the record shows the driver’s identity remains unknown despite a FedEx decal on a trailer and that factual disputes should go to a jury.
The judge reviewed the three-factor standard for interlocutory review — the risk of irreparable injury, whether the order would prevent needless, expensive litigation, and the need to develop a uniform body of law — and concluded none were met. The court said a jury could properly resolve the factual dispute about whether the vehicle’s driver or owner could be identified, and that an appeal after final judgment could address legal questions raised on the record. The court therefore denied the motion for interlocutory appeal.
The ruling leaves the case to proceed toward trial; the court invited counsel to include the judge’s findings in a written order.
