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HUDSON v. OLD GUARD INS. CO.

No. 560, 2009.

3 A.3d 246 (2010)

Devin A. HUDSON, Plaintiff Below, Appellant, v. OLD GUARD INSURANCE COMPANY, a foreign corporation, Defendants Below, Appellee.

Supreme Court of Delaware.

Decided: August 12, 2010.

Reargument Denied September 1, 2010.

Attorney(s) appearing for the Case

I. Barry Guerke (argued) of Parkowski, Guerke & Swayze, P.A., Dover, Delaware for appellant.

Michael I. Silverman (argued) and D. Miika Roggio of Silverman McDonald & Friedman, Wilmington, Delaware for appellee.

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

STEELE, Chief Justice:

Underinsured motorist Betty Jean Dennis struck Devin Hudson with her car, when Hudson suddenly rode his bicycle into the road. Hudson asserts that the trial judge erroneously (1) granted his insurer, Old Guard, summary judgment on his allegations that Dennis was negligent per se, (2) directed a verdict on the basis that Hudson had acted more negligently than Dennis, and (3) excluded Hudson's expert witness' proffered opinion testimony...

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