Supreme Court of Delaware

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Leatherbury v. Greenspun, 200, 2007

In a medical malpractice suit wherein plaintiff's complaint was deemed time barred for failing to comply with Title 18 section 6856(3) of Delaware Code, the Supreme Court upholds the judgment and rules that: 1) section 6856(3) certified mail provision is not reasonably susceptible to different conclusions or interpretations and explicitly provides that plaintiff may toll the running of the 2-year limitations period for 90 days by sending a Notice of Intent to investigate "only" by "certified mail", return receipt requested; and 2) the term "certified mail" does not include delivery through private carriers, such as delivery by Federal Express.

Appellate Information

  • Decided 11/30/2007
  • Published 11/30/2007

Judges

  • HOLLAND, Justice., Before HOLLAND, BERGER and JACOBS, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Gary W. Aber, Esquire (argued), Aber, Goldlust, Baker & Over, Wilmington, Delaware, for appellant, Charles Leatherbury.

  • For Appellees:
  • William L. Doerler, Esquire (argued) and John D. Balaguer, Esquire, White and Williams, LLP, Wilmington, Delaware, for appellee, Bertram Greenspun, D.O., Dennis D. Ferri, Esquire and Amy A. Quinlan, Esquire (argued), Morris, James, LLP, Wilmington, Delaware, for appellee, Christiana Care Health Services, Inc.
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