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DUPHILY v. DELAWARE ELEC. CO-OP., INC.

No. 148, 1994.

662 A.2d 821 (1995)

Darryl DUPHILY, Plaintiff Below, Appellant, and Delaware Insurance Guaranty Association, Intervenor Below, Appellant, v. DELAWARE ELECTRIC COOPERATIVE, INC., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 31, 1995.

Attorney(s) appearing for the Case

John S. Grady (argued), of Grady & Hampton, P.A., Dover, for appellant Darryl Duphily.

Julius Komissaroff of Komissaroff & Perry, Wilmington, for intervenor-appellant Delaware Ins. Guar. Assn.

Roger A. Akin (argued), of Sawyer & Akin, P.A., Wilmington, for appellee Delaware Electric Co-op, Inc.

Before VEASEY, C.J., WALSH, HOLLAND, and HARTNETT, JJ., and DUFFY, J., Retired, constituting the Court

WALSH, Justice:

In this appeal from the Superior Court, we consider whether an employer's negligence may constitute a superseding cause in an employee's negligence action against a third-party tortfeasor. We conclude that, under the circumstances of this case, the alleged negligence of the employer may be raised as evidence of superseding cause even though the employer is otherwise immune from suit under workers' compensation...

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