JAN R. JURDEN, President Judge.
Upon consideration of Third-Party Defendant State of Delaware, Department of Transportation's Motion for Summary Judgment,
1. On October 2, 2016, Plaintiff Ashley Gestwicki ("Gestwicki") filed suit against Defendant/Third-Party Plaintiff Pine Woods, Inc. ("Pine Woods"), alleging that she sustained injuries when she tripped and fell over a metal post protruding from the ground on property owned and maintained by Pine Woods.
2. Pine Woods filed a Third-Party Complaint against Third-Party Defendant State of Delaware, Department of Transportation ("DelDOT"), alleging that DelDOT owned, maintained, and exercised control over the premises where the incident occurred.
3. Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
4. DelDOT filed the instant Motion, arguing that Pine Woods' third-party claims against it are barred by the doctrine of sovereign immunity.
5. Pine Woods does not contest DelDOT's sovereign immunity defense, but argues that summary judgment is not proper because there are still issues of material fact remaining.
6. Rather than offer a basis to defeat summary judgment, Pine Woods asks the Court to interpret DelDOT's Motion as providing "judicial notice" that DelDOT owned and controlled the property at issue.
7. DelDOT has made no admission regarding the ownership of the property, and the Court sees no reason to take such "judicial notice." By asserting sovereign immunity—which Pine Woods has not challenged—DelDOT has a complete defense to the action and is entitled to summary judgment. As to Pine Woods' alternative request that DelDOT withdraw its Motion and take a position on the ownership of the property by answering the Third-Party Complaint, this request is not appropriate. Any such questions of fact are properly resolved through discovery, not through a response to a motion for summary judgment.
8. For the foregoing reasons, DelDOT's Motion for Summary Judgment is