WELCH v. STATE

Civ. A. No. 1060.

598 A.2d 684 (1991)

Nancy WELCH, et al., Petitioners, v. STATE of Delaware, Respondent.

Court of Chancery of Delaware, Kent County.

Decided: May 31, 1991.


Attorney(s) appearing for the Case

Douglas B. Catts, and Crystal L. Reihm, Schmittinger & Rodriguez, P.A., Dover, for petitioners.

B. Wilson Redfearn, Nancy E. Chrissinger, and Sean A. Dolan, Tybout, Redfearn & Pell, Wilmington, for respondent.


HARTNETT, Vice Chancellor.

The only issue raised by petitioners' motion for summary judgment is whether the State of Delaware is entitled to assert by subrogation a claim against the proceeds of a proposed settlement of a wrongful death claim brought on behalf of the minor children of a deceased employee of the State.

The Court finds that the State, as a matter of law, cannot assert a subrogation claim against the moneys due to the children on their claim...

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