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PAULEY EX REL PAULEY v. REINOEHL

No. 679, 2002.

848 A.2d 561 (2003)

Jason F. PAULEY, a minor, by his mother and natural guardian and next friend Louise Ford PAULEY, Bryan F. Pauley, a minor, by his mother and natural guardian and next friend Louise Ford Pauley, Louise Ford Pauley, individually, and Patrick J. Pauley, Plaintiffs Below, Appellants, and Robert Hludzinski, R.R. Seaside, Inc., R.R. Bayside, Inc., R.R. Outlet Malls, Inc., and Charter Oak Group, Ltd. dba Charter Oak Partners, Defendants Below, Appellants, v. Kimberly A. REINOEHL, the Delaware State Police, the State of Delaware Department of Public Safety, the State of Delaware, and London Fog Industries, Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 17, 2003.

Opinion on Grant of Reargument April 26, 2004.

Attorney(s) appearing for the Case

Richard E. Poole (argued) and Somers S. Price, Jr. of Potter Anderson & Corroon, LLP, Wilmington, DE, for Plaintiffs Below, Appellants.

John D. Balaguer (argued) of White and Williams, LLP, Wilmington, DE, for Defendants and Cross Claimants Below, Appellants.

Jeffrey M. Weiner (argued) of Wilmington, DE, for Defendant Below, Appellee Kimberly A. Reinoehl.

Kevin J. Connors (argued) of Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for Defendant Below, Appellee, London Fog Industries, Inc.

George H. Seitz, III, (argued) Patricia P. McGonigle, and Carrie I. Dayton of Seitz, Vanogtrop & Green, Wilmington, DE, for Delaware State Appellees.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS Justices (constituting the Court en banc).

STEELE, Justice:

In this appeal from a grant of summary judgment in a personal injury case arising from an auto accident involving a Delaware State Police vehicle we consider whether the General Assembly, by passing the State Tort Claims Act (STC) or the Emergency Vehicle Statute (EVS), intended to waive completely the State's sovereign immunity. A complete waiver of sovereign immunity is inconsistent with the purpose reflected...

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