VOLKSWAGEN OF AMERICA, INC. v. COSTELLO

No. 306,2004.

880 A.2d 230 (2005)

VOLKSWAGEN OF AMERICA, INC., Defendant Below, Appellant, v. William COSTELLO and Kathy Costello, husband and wife, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: July 11, 2005.


Attorney(s) appearing for the Case

John C. Phillips, Jr. (argued), James P. Hall, and Brian E. Farnan of Phillips, Goldman & Spence, P.A., Wilmington, DE, for Appellant.

Louis J. Rizzo, Jr. (argued) and David J. Soldo of Reger & Rizzo, L.L.P., Wilmington, DE, for Appellees.

Before STEELE, Chief Justice, BERGER, and RIDGELY, Justices.


STEELE, Chief Justice:

In this slip and fall case, Volkswagen of America Inc. (VW) appeals a decision of the Superior Court denying its motion for judgment as a matter of law. VW claims that, based on the trial judge's earlier grant of partial summary judgment, the jury was precluded from finding that the company created the "dangerous condition" that caused Appellee William Costello's injuries. VW also contends that the...

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