Thomas Sutherland v. MP & T Hotels, LLC

Syllabus

This appeal arises from a personal injury lawsuit. Thomas Sutherland (\Plaintiff\) sued MP & T Hotels, LLC (\the Hotel\) in the Circuit Court for Wilson County (\the Trial Court\) for personal injuries after encountering noxious fumes in his hotel room. The Hotel raised the affirmative defense of comparative fault against Charles Stewart d/b/a Stewart and Son Termite and Pest Control (\Stewart\), who days before Plaintiff's stay had sprayed insecticides in several of the Hotel's rooms in keeping with a contract with the Hotel. Plaintiff thereafter sued Stewart as well. Plaintiff died during this case, and his son (\Substitute Plaintiff\) was substituted.1 For having to defend himself in this action, Stewart contends he is entitled to attorney's fees and expenses from the Hotel under a theory of implied indemnity. The Trial Court denied the parties' competing motions for summary judgment. Stewart appeals. Because the order appealed from is not a final judgment, this Court does not have subject matter jurisdiction, and this appeal must be dismissed. We, therefore, dismiss this appeal.