Supreme Court of Delaware

In a survival and wrongful-death suit, jury verdict for plaintiffs is affirmed, and denial of application for prejudgment interest is reversed, where: 1) rulings on leading questions by plaintiffs' counsel in presenting expert witness testimony were harmless error; 2) statements of defendant-doctor's counsel during closing argument did not improperly characterize the credibility of the witnesses; 3) defendant-hospital's expert witness did not improperly characterize the standard of care; and 4) prejudgment interest was required because plaintiffs' separate settlement offers to defendant-doctor and defendant-hospital were each for an amount less than the judgment rendered against them jointly and severally. (Revised opinion)

Appellate Information

• Decided 07/01/2008
• Published 08/04/2008

Judges

• RIDGELY, Justice:, Before HOLLAND, JACOBS, and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellees:
  
• Dennis D. Ferri, Esquire (argued), and Amy A. Quinlan, Esquire, of Morris James, LLP, Wilmington, DE, for appellant/cross-appellee., John A. Elzufon, Esquire (argued), and Diane M. Andrews, Esquire, of Elzufon Austin Reardon Tarlov & Mondell, P.A., Wilmington, DE, for cross-appellants/cross-appellees., Richard A. Zappa, Esquire (argued), of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, for appellees/cross-appellees/cross-appellants.