Dilly v. S.S. Kresge

Case brief summary

Facts

A store manager grabbed and shook an employee over a hot chocolate complaint, hurting her neck. He says he was joking, but she says he seemed angry and serious.

Procedural history

The employee sued the store. The trial court ruled the store was at fault but had not yet decided damages. The store appealed before that happened.

Issue

Can the store appeal the liability ruling before the trial court has decided the amount of damages, and if so, was summary judgment on liability appropriate given the dispute over the manager's intent?

Holding

The appeals court dismissed the case because no final decision existed yet, since damages were undecided. It also suggested the trial judge reconsider the liability ruling.

Reasoning

Appeals require a fully finished case, and damages were still undecided here. The conflicting stories about the manager's intent also raised doubts about the liability ruling.

Opinions

Majority (Widener): Dismissed the appeal for lack of jurisdiction because no final decision existed yet, and suggested the trial court reconsider summary judgment given conflicting evidence on intent.