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DISHMON v. FUCCI

No. 784, 2010.

32 A.3d 338 (2011)

Michael DISHMON, individually and as Executor of the Estate of James L. Dishmon, and James Dishmon, Jr., Linda Davis, Patricia Miller and Vicky Kennard, Plaintiff Below, Appellants, v. Pasquale FUCCI, M.D. and Bernie Schneider, PA-C, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 10, 2011.

Attorney(s) appearing for the Case

Michael D. Bednash , Kimmel, Carter, Roman, & Peltz, P.A., Newark, Delaware for appellants.

Bradley Goewert (argued) and Lorenza A. Wolhar , Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware for appellees.

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

STEELE, Chief Justice.

On December 28, 2006, Michael Dishmon filed suit against nursing home staff members, Pasquale Fucci, M.D. and Bernie Schneider, PA-C alleging that both defendants had committed medical negligence that resulted in his father's death. Before trial, a Superior Court judge dismissed the suit, stating that the plaintiff's Affidavit of Merit failed to comply with 18 Del. C. § 6853. The submitted...

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