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FURMAN v. DELAWARE DEPT. OF TRANSP.

No. 203, 2011.

30 A.3d 771 (2011)

Jeffrey FURMAN, Plaintiff Below, Appellant, v. DELAWARE DEPARTMENT OF TRANSPORTATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: October 19, 2011.

Attorney(s) appearing for the Case

Anthony A. Figliola, Jr., Esquire , of Figliola & Facciolo, Wilmington, Delaware; for Appellant.

Frederick H. Schranck, Esquire, Department of Justice, Dover, Delaware; for Appellee.

Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices.

JACOBS, Justice:

Jeffrey Furman ("Furman"), the plaintiff-below, appeals from a Superior Court order dismissing his complaint against the defendant-below, Delaware Department of Transportation ("DelDOT") on the ground that sovereign immunity barred the action. On appeal, Furman argues that the trial court improperly dismissed the complaint, because the court relied upon an affidavit extrinsic to the complaint, without affording him an opportunity for discovery. Because...

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