Hill v. Willmott

GANT, Judge.

This is an appeal from an order of the Henderson Circuit Court granting the ap-pellees/defendants’ motion for a summary judgment and dismissing the action on the grounds that there is no genuine issue as to any material fact and that the appellees are entitled to judgment as a matter of law. The sole issue on appeal is whether a former litigant can sustain an action based on the theory of negligence against the adverse party’s attorney in the prior suit.

A brief chronological review of the facts is necessary to dispose of this appeal. In the summer of 1974 Kenneth and Phyllis…