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McCAFFREY v. CITY OF WILMINGTON

No. 26, 2015.

133 A.3d 536 (2016)

Morgan McCAFFREY, Plaintiff Below, Appellant, v. CITY OF WILMINGTON, and Chief Michael J. Szczerba, individually and in his capacity as an officer, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: February 4, 2016.

Attorney(s) appearing for the Case

Bartholomew J. Dalton, Esquire (argued), Laura J. Simon, Esquire , Dalton & Associates, P.A., Wilmington, Delaware, for Plaintiff Below, Appellant, Morgan McCaffrey.

Daniel McAllister, Esquire (argued), City of Wilmington Law Department, Wilmington, Delaware, for Defendants Below, Appellees, City of Wilmington and Chief Michael Szczerba.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en Banc.

I. INTRODUCTION

While off-duty, out of uniform, driving his own car, and under the influence of alcohol, Wilmington Police Officer Michael Spencer ran a red light and collided with a car driven by Morgan McCaffrey. After the accident, Officer Spencer asked McCaffrey to handle the matter without police...

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