PIPHER v. PARSELL

No. 215, 2006.

930 A.2d 890 (2007)

Kristyn PIPHER, Plaintiff Below, Appellant, v. Johnathan PARSELL, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: June 19, 2007.


Attorney(s) appearing for the Case

Kevin M. Howard, Esquire, Young, Malmberg & Howard, Dover, Delaware, for appellant.

Philip T. Edwards, Esquire (argued) and Roger D. Landon, Esquire, Murphy, Spadaro & Landon, Wilmington, Delaware, for appellee, Johnathan Parsell.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices, and NOBLE, Vice Chancellor (constituting the Court en Banc).


HOLLAND, Justice.

The plaintiff-appellant, Kristyn Pipher ("Pipher"), appeals from the Superior Court's judgment as a matter of law in favor of the defendant-appellee, Johnathan Parsell ("Parsell"). Pipher argues that the Superior Court erred when it ruled that, as a matter of law, Parsell was not negligent. We agree and hold that the issue of Parsell's negligence should have been submitted to the jury.

Facts

On March 20, 2002, around 6 p...

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