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ESTATE OF RAE v. MURPHY

No. 174, 2007.

956 A.2d 1266 (2008)

ESTATE OF Alberta RAE, Deborah J. Rae, Individually and as Co-Executrix and Bonnie Rae, Individually and as Co-Executrix, Appellants, Plaintiffs Below, v. Wade S. MURPHY and The Delaware Hospital for the Chronically Ill and The State of Delaware, Jointly and Severally, Appellees, Defendants Below.

Supreme Court of Delaware.

Decided: August 26, 2008.

Attorney(s) appearing for the Case

Jeffrey M. Weiner, Wilmington, DE, for appellants.

Marc P. Niedzielski, Department of Justice, Wilmington, DE, for appellee State of Delaware.

Michael W. Modica, Wilmington, DE, for appellee Wade S. Murphy.

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

STEELE, Chief Justice:

Alberta Rae died in a car collision with Wade Murphy, defendant-appellee. Rae's estate brought a survival action, seeking compensatory and punitive damages, and her daughters brought a wrongful death suit in Superior Court. A Superior Court judge granted partial summary judgment on the punitive damages claim ruling that the evidence did not demonstrate wilful or wanton conduct. After trial, a jury found that Rae did not have any conscious interval...

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