MASTEN v. STATE


626 A.2d 838 (1991)

Kenneth MASTEN, Plaintiff, v. STATE of Delaware and Department of Correction, Defendants.

Superior Court of Delaware, New Castle County.

Decided: December 9, 1991.


Attorney(s) appearing for the Case

David C. McBride, of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiff Kenneth Masten.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, for defendants State of Del. and Dept. of Correction.


OPINION

HERLIHY, Judge.

Presently before the Court are cross-motions for summary judgment. The issue in these motions is whether or not the State of Delaware [State] waived sovereign immunity in connection with the operation of the Ferris School. Kenneth Masten [Masten] claims there has been a waiver and that the State is liable to him. The State argues that there has been no waiver, consequently there is no liability.

BACKGROUND

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