Supreme Court of Delaware

In a personal injury action arising from a car accident caused by a passenger who reached over and yanked the steering wheel of the vehicle, judgment as a matter of law in favor of defendant is reversed where the superior court erred when it ruled that defendant was not negligent as a matter of law because the issue of defendant-driver's alleged breach of duty to plaintiff, the forseeability of the passenger's repeat conduct, and the proximate cause of plaintiff's injuries, were all factual determinations that should have been submitted to the jury.

Appellate Information

• Decided 06/19/2007
• Published 06/19/2007

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices, and NOBLE, Vice Chancellor  (constituting the Court en Banc).

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Kevin M. Howard, Esquire, Young, Malmberg & Howard, Dover, Delaware, for appellant.


• For Appellees:
  
• Philip T. Edwards, Esquire (argued) and Roger D. Landon, Esquire, Murphy, Spadaro & Landon, Wilmington, Delaware, for appellee, Johnathan Parsell.