Daniel E. Bailey, Jr. (m.d.) v. Honorable Allan Ray Bertram, Judge, Marion Circuit Court, Division Ii, and Joseph…

Summary

The Kentucky Supreme Court affirmed denial of a writ of prohibition because Bailey had an adequate remedy by conventional appeal, including the ability to seek a stay before disclosure of the sealed records. The Court nevertheless concluded that the medical-malpractice plaintiffs were improperly permitted to intervene in Bailey's unrelated divorce action because they had no claim, defense, or interest in the divorce proceeding and were attempting to use intervention as a discovery device. Justice Venters, concurring in result only, agreed that an adequate appellate remedy defeated the writ but declined to join the majority's additional discussion as extraneous dicta.