Supreme Court of Delaware

A 13 million dollar verdict for plaintiffs in a medical malpractice action arising from injuries sustained by a 60-year-old with Alzheimer's at a nursing facility is affirmed where: 1) the trial judge did not abuse his discretion by denying defendants' motion to trifurcate; 2) defendants waived a claim that the trial judge erred by permitting the surviving family members to recover damages for emotional distress they suffered as a result of defendants' negligence; and 3) the trial judge's jury instructions were sufficient, and did not constitute plain error.

Appellate Information

• Decided 11/08/2006
• Published 11/09/2006

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• John A. Elzufon and Andrea C. Rodgers, Elzufon Austin Reardon Tarlov & Mondell, P.A., Wilmington, DE;  Mark Alan Aronchick (argued), pro hac vice, for appellants.


• For Appellees:
  
• Chase T. Brockstedt, Murphy Spadaro & Landon, Wilmington, DE;  A.L. Butler Daniel (argued) pro hac vice, for appellees.