Moss Rehab v. White

Moss Rehab v. White

Opinion

 [*903]  HOLLAND, Justice:

This litigation arises from a motor vehicle accident. The plaintiffs-appellees, Barbara A. White, Individually and as the Administratrix of the Estate of James T. White; Kathleen White Murphy; Thomas James White; and William H. White ("Plaintiffs"), commenced a wrongful death action in the Superior Court. The defendants [**2]  were the appellants, Moss Rehab, Moss Rehabilitation Hospital, and Moss Rehab Driving School for the Disabled (collectively "Moss Rehab"); and other persons, who are not parties to this appeal. After a jury trial, the Plaintiffs were awarded a total of $ 371,900. Thus far, the Plaintiffs have received $ 200,000 from the non-appealing defendants.

Moss Rehab raises two issues on appeal. First, Moss Rehab argues that the Superior Court improperly denied their motion for summary judgment. Specifically, Moss Rehab contends that the Plaintiffs failed to state a cause of action under Delaware law. Second, Moss Rehab asserts that the Superior Court erred by denying Moss Rehab's motion for judgment as a matter of law. According to Moss Rehab's arguments, the Plaintiffs failed to meet their burden of proof either in establishing the standard of care or that a breach of that standard was the proximate cause of Plaintiffs' injuries.

This Court has concluded that the Superior Court should have granted Moss Rehab's motion for summary judgment. The Plaintiffs' complaint failed to assert a claim upon which relief could be granted under Delaware law. Accordingly, the judgment against Moss Rehab must [**3]  be reversed. Consequently, it is unnecessary to address the merits of Moss Rehab's second contention.

Substantive Facts

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