Carr v. Great Lakes Carbon Corp.

MARTIN (Harry C.), Judge.

On this appeal we must determine whether Judge Ferrell had authority to enter the order of 28 September 1979 dismissing plaintiffs’ claim for punitive damages. Plaintiffs contend that one superior court judge has no authority to overrule the judgment of another superior court judge in the same case on the same issue. Defendants argue that such action is proper on motions for summary judgment if the materials presented at the hearing on the second motion are different from those presented at the hearing on the first motion.

Ordinarily, one superior court judge may not…