SHEA v. MATASSA

No. 211, 2006.

918 A.2d 1090 (2007)

Susan C. SHEA, Individually and as Executrix of the Estate of Christopher M. Shea and as Parent and Next Friend of Christopher L. Shea, a minor, Plaintiff Below, Appellants, v. Kathryn H. MATASSA, XL Group Ltd., a Delaware corporation, Christopher John Bisaha and John Doe, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 1, 2007.


Attorney(s) appearing for the Case

Richard A. DiLiberto, Jr. (argued) and Jennifer M. Kinkus, Wilmington, Delaware for appellants.

Jeffrey A. Young, (argued) Young & Young, Dover, Delaware for appellees XL Group, Ltd., Christopher John Bisaha and John Doe.

C. Scott Reese (argued) and Noriss E. Cosgrove, Cooch & Taylor, P.A., Wilmington, Delaware for appellee Kathryn H. Matassa.

John S. Spadaro, Murphy, Spadaro & Landon, Wilmington, Delaware; William M. Erhart, Wilmington, Delaware for amicus curiae Delaware Trial Lawyers Association.

William M. Kelleher, Ballard Spahr Andres & Ingersoll, LLP, Wilmington, Delaware for amicus curiae Mothers Against Drunk Driving.

James J. Haley, Jr., Wilmington, Delaware for amicus curiae Defense Counsel of Delaware.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the court en banc.


STEELE, Chief Justice.

This litigation arises from a fatal car accident involving Philip Healy and Delaware State Police Corporal Christopher M. Shea. Before the accident, Healy had consumed alcohol at the home of defendant-appellee, Kathryn Matassa and later at Arena's Bar and Deli.1 At the time of the accident, Healy had a .336 blood alcohol concentration. Both Healy and Corporal Shea died...

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