HINES v. NEW CASTLE COUNTY

No. 324, 1993.

640 A.2d 1026 (1994)

Phyllis C. HINES, Mother and Administratrix of the Estate of Richard K. Hines, Jr., Plaintiff Below, Appellant, v. NEW CASTLE COUNTY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 16, 1994.


Attorney(s) appearing for the Case

Ben T. Castle (argued), Jan R. Jurden, and Maureen Dunn McGlynn, Young, Conaway, Stargatt & Taylor, Wilmington, for appellant.

B. Wilson Redfearn, and Joel R. Brown (argued), Tybout, Redfearn & Pell, Wilmington, for appellee.

Before MOORE, WALSH, and HOLLAND, JJ.


WALSH, Justice:

In this appeal from the Superior Court, we are asked to decide whether actual notice of a potential tort claim satisfies a county ordinance requiring that a plaintiff give written notice of such claim within one year of the date of the injury. The Superior Court ruled that the literal requirements of the ordinance were unambiguous and not subject to substantial compliance. We hold that where the county had...

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