Mark TURNBULL, as Guardian Ad Litem for Steven Turnbull, a minor, Plaintiff Below, Appellant,
v.
Kenneth FINK, Administrator of the Estate of Patricia Turnbull, Kenneth DeShields, and Delaware Authority for Regional Transit, Defendants Below, Appellees.
Lorraine J. SHENTON, Plaintiff Below, Appellant, and
State Farm Mutual Automobile Insurance Company, Defendant Below, Appellant,
v.
DELAWARE ADMINISTRATION FOR REGIONAL TRANSIT, a/k/a DART, and Franklin Cooper, Jr., Defendants Below, Appellees.
Rosemarie MYERS and Jean Sachs, Plaintiffs Below, Appellants,
v.
DELAWARE ADMINISTRATION FOR REGIONAL TRANSIT, a/k/a DART, and Franklin Cooper, Jr., Defendants Below, Appellees.
The TRAVELERS INSURANCE CO., Vernalee P. Frey, and Virgil Frey, d/b/a Claymont Hardware and Supply, Plaintiffs Below, Appellants,
v.
DELAWARE ADMINISTRATION FOR REGIONAL TRANSIT, a Delaware corporation, and Franklin Cooper, Jr., Defendants Below, Appellees.
Virgil FREY, Vernalee Frey, his wife, Mark O. Frey, and V.V.M. Inc., t/a Claymont Hardware and Supply,
v.
DELAWARE ADMINISTRATION FOR REGIONAL TRANSIT, a/k/a DART, and Franklin Cooper, Jr., Defendants Below, Appellees.
Supreme Court of Delaware.https://leagle.com/images/logo.png
Submitted: June 21, 1995.
Decided: October 26, 1995.
Attorney(s) appearing for the Case
Eric M. Doroshow (argued), Martin J. Siegel and Julia Scott, Doroshow & Pasquale, Wilmington, for appellant Mark Turnbull as Guardian Ad Litem of Steven Turnbull.
Raymond E. Tomasetti, Jr. (argued), Newport, for appellant, Lorraine J. Shenton.
Jeffrey S. Marlin, Biggs & Battaglia, Wilmington, for appellants Mark O. Frey and V.V.M. Inc., t/a Claymont Hardware & Supply, and Vernalee Frey and Virgil Frey d/b/a Claymont Hardware.
William X. Moore, Jr., Roeberg, Moore & Assoc., Wilmington, for appellants Rosemarie Myers and Jean Sachs.
John D. Balaguer (argued), and Mary E. Sherlock, White & Williams, Wilmington for appellees DeShields, Cooper and DART.
Wayne A. Marvel, McCarter & English, Wilmington, for amicus curiae, Defense Counsel of Delaware.
Steven T. Davis, Bailey & Wetzel, P.A., Wilmington, for appellant Travelers Insurance Co.
Robert Jacobs, Jacobs & Crumplar, P.A., Wilmington, for amicus curiae Delaware Trial Lawyers Ass'n.
Carolyn H. deBernard, Law Offices of Robert Young, Dover, for appellant State Farm Insurance Co.
James J. Hanley, State of Delaware, Department of Justice, Wilmington, for State of Delaware, Department of Transportation.
Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ., constituting the Court en Banc.
Supreme Court of Delaware.
HARTNETT, Justice, for the majority.
This is an Interlocutory Appeal. The Plaintiffs-Appellants challenge pre-trial rulings of the Superior Court as to the extent to which the State waived its sovereign immunity by the purchase of commercial liability insurance covering accidents involving two buses operated by the Delaware Administration for Regional Transit ("DART"). The issue presented to the Superior Court was which...
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