BRETT v. BERKOWITZ

No. 479, 1996.

706 A.2d 509 (1998)

Ellen BRETT, Plaintiff Below, Appellant, v. Gerald Z. BERKOWITZ, and Berkowitz, Schagrin, Coonin & Cooper, P.A., Defendants Below, Appelles.

Supreme Court of Delaware.

Decided: February 27, 1998.


Attorney(s) appearing for the Case

Edward C. Gill, Georgetown, for Appellant.

F. Alton Tybout, of Tybout, Redfearn & Pell, Wilmington, for Appellees.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en Banc.


VEASEY, Chief Justice:

In this appeal we affirm the judgment for defendant entered upon a defense verdict in an action for sexual misconduct and malpractice by a client against a lawyer. We hold that (1) the underlying claims against the lawyer for offensive touching and sexual harassment cannot be based on criminal statutes, although they could be the basis for a claim of intentional tort; (2) plaintiff was properly denied...

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