Millsap
Millsap v. Federal Express Corp.
Opinion
Opinion
Stein, J.
Lisa Millsap was injured when her car was struck by an automobile driven by Christopher Pence. As relevant, Millsap brought an action against Pence and against North Country Express (NCE) and Federal Express Corporation (FEC) on the theory that Pence was an employee of NCE acting in the course and scope of his employment at the time of the accident, and that FEC had contracted with NCE for the work done by Pence; i.e., the delivery of parcels, which had been flown by FEC to the local airport. The superior court entered judgment upon the motions of NCE and FEC for summary judgment, and Millsap appeals.
I.
This Court Lacks Jurisdiction to Hear the Appeal From the Judgment in Favor of FEC
NCE and FEC filed separate motions for summary judgment. The motions were heard together. On July 18, 1989, the court ordered that summary judgment be entered in favor of FEC but did not mention its ruling, if any, on the NCE motion. Judgment was entered on the order on July 26 and notice of entry of judgment was mailed on August 7, 1989.
In the meantime, on August 4, Millsap moved for vacation of the order. Millsap stated a number of grounds in support of her motion, including the…