BUTLER v. NEWARK COUNTY COUNTRY CLUB

No. 420,2005.

909 A.2d 111 (2006)

Stephanie L. BUTLER, individually and as Administratrix of the Estate of Jeremiah Butler and as next friend of her minor daughters, Tiara Butler and Anaisha Butler, Plaintiffs Below, Appellants, v. The NEWARK COUNTRY CLUB, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: September 19, 2006.

Reargument Denied October 16, 2006.


Attorney(s) appearing for the Case

Joseph J. Rhoades (argued), A. Dale Bowers, Wilmington, DE; and Kester I.H. Crosse, Wilmington, DE, for Appellants.

Mason E. Turner, Jr. (argued) of Prickett, Jones & Elliott, Wilmington, DE; Danielle K. Yearick, of Tybout, Redfearn & Pell, Wilmington, DE and Daniel A. Griffith, of Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.


RIDGELY, Justice (for the majority):

This is a wrongful death action arising from the tragic accidental drowning of Jeremiah Butler ("Jeremiah"), age 8, in an irrigation pond. Plaintiff-Appellant Stephanie Butler ("Mrs. Butler"), individually and as Administratrix of Jeremiah's Estate appeals from a judgment of the Superior Court granting summary judgment in favor of Defendant-Appellee Newark Country Club ("NCC") which owned the pond. The Superior Court held that...

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