Ison v. Bradley
| Decision Date | 25 March 1960 |
| Citation | 333 S.W.2d 784 |
| Parties | Virginia ISON et al., Petitioners, v. Honorable Joseph J. BRADLEY, Judge, Fayette Circuit Court, Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
Robert J. Turley, Turley, Tackett & Geralds, Lexington, for petitioners.
James Park, Stoll, Keenon & Park, Robert H. Measle, Lexington, for respondent.
The petitioners, Virginia and Lawrence Ison, are the plaintiffs in an action for damages against L. M. Winges and Company, et al., defendants, pending in the Fayette Circuit Court. Petitioners sought to take the depositions of two adjusters or investigators for the insurance companies affording defendants insurance coverage. The proposed taking was for the purposes of use in discovery 'and/or' as evidence on the trial of the action. By subpoenas duces tecum, the witnesses were commanded to bring 'all memoranda, notes, recordings, correspondence, copies of correspondence, reports, copies of reports, and other papers concerning the claims' of the plaintiffs in the damage action and 'concerning all negotiations for settlement on said claims.'
The Honorable Joseph J. Bradley, Judge, Fayette Circuit Court, heard the cause on the motion of the defendants in the action to quash so much of the subpoenas commanding the witnesses to produce 'all memoranda,' etc. The respondent has indicated that the motion to quash should be sustained under CR 37.02. The petitioners by this original action seek to prohibit the respondent from entering any such order.
Petitioners contend that their remedy by appeal is not adequate because 'the interminable delay is unjust and constitutes irreparable injury' to them. They urge that they are 'under a heavy burden of debt for medical expenses and hospital bills incurred as a result of the wreck' and 'are financially unable to wage an economic battle with two insurance companies.'
Petitioners have not cited a case in which this Court has prohibited a circuit court from acting on the ground presented here. The principles relating to the exercise of the power of this Court under Kentucky Constitution Section 110 have been thoroughly discussed in many cases. Evans v. Humphrey, 281 Ky. 254, 135 S.W.2d 915; Thompson v. Wood, Ky., 277 S.W.2d 472; Childers v. Stephenson, Ky., 320 S.W.2d 797.
Great and irreparable injury such as will afford a proper basis for the exercise of this Court's power under Kentucky Constitution Section 110 has been defined in Schaetzley v. Wright, Ky., 271 S.W.2d 885, 886, as follows:
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