Submitted: April 29, 2014.
Motion for Reargument and/or Rehearing en Banc filed 6/16/14;
Case Closed June 17, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below--Superior Court of the State of Delaware in and for New Castle County. C.A. No. N13C-02-148.
Before BERGER, JACOBS and RIDGELY, Justices.
Jack B. Jacobs, Justice.
This 12th day of June 2014, upon consideration of the appellant's opening brief and the appellee's motion to affirm, it appears to the Court that:
(1) On February 20, 2013, the pro se appellant, Clarence Harrison, filed a complaint in the Superior Court against the appellee, Delaware Supermarkets, Inc. (hereinafter " DSI" ). By order dated January 24, 2014, the Superior Court dismissed Harrison's complaint under Superior Court Civil Rule 41(b). Harrison appealed from that order. DSI has moved to affirm the Superior Court judgment on the ground that it is manifest on the face of Harrison's opening brief that the appeal is without merit. We agree.
(2) Harrison's complaint sought damages for injuries he suffered from eating crabmeat that he purchased from DSI on January 23, 2013. On May 20, 2013, the Superior Court issued a trial scheduling order that required Harrison to designate a medical expert and file the expert's report by August 2, 2013.
(3) Harrison did not file an expert report from a designated medical expert on August 2, 2013, as directed. He did, however, on July 26, 2013, file medical documents indicating that he sought treatment at the Christiana Hospital Emergency Room on January 23, 2013 for abdominal pain, bloody diarrhea, nausea, and vomiting. Harrison also filed a typewritten summary of his " medical record and care . . . from 1-23-13 and up" ...