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KANANEN v. DUPONT INST. OF NEMOURS FOUND.

C.A. No. 98C-08-225 SCD.

796 A.2d 1 (2000)

Hope KANANEN and Brian Kananen, Plaintiffs, v. The ALFRED I. DUPONT INSTITUTE OF the NEMOURS FOUNDATION a/k/a A.I. DuPont Hospital, Defendant.

Superior Court of Delaware, New Castle County.

Decided: May 4, 2000.

Attorney(s) appearing for the Case

Kenneth M. Roseman, Ciconte Roseman & Wasserman, Wilmington, for Plaintiffs.

Daniel B. Rath, and Katherine R. Witherspoon, Klett Lieber Rooney & Schorling, Wilmington; and James Lewis Griffith, and John P. Halfpenny, Klett Lieber Rooney & Schorling, Philadelphia, Pennsylvania, for Defendant.

MEMORANDUM OPINION

DEL PESCO, J.

Before this Court is an issue of first impression in Delaware: whether a hospital owes a duty to a non-patient bystander to warn her of the risk of fainting while observing a procedure in the emergency room. Defendant filed a motion for summary judgment alleging that it did not have a duty to a non-patient. Plaintiffs filed a cross-motion for summary judgment alleging that the defendant committed health care medical negligence...

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