Kelly v. U.S.A. Oil Corp.

Garland Kelley appeals the trial court's grant of partial summary judgment as to claims for injuries he sustained from a gunshot wound while working for defendants. Since the summary judgment was not a final judgment, the appeal must be dismissed.

Appellant Kelley was employed by defendants, U.S.A. Oil Corporation and Ray Dupree, to work at a service station. While at work on October 29, 1975, Kelley was shot during a robbery of the station. On March 26, 1976, Kelley filed suit for personal injuries in the Jefferson County Circuit Court alleging negligence against U.S.A. Oil Corporation in…