August 12, 2014
Maureen Jordan and Nina Jordan, a minor, by and through Maureen Jordan, Guardian Ad Litem and Next Friend
Indian River School District and Lisa A. McVey
Date Submitted: August 12, 2014
Craig A. Karsnitz, Esquire Young Conaway Stargatt & Taylor, LLP
Brian L. Kasprzak, Esquire Marc Sposato, Esquire Marks, O’Neil, O’Brien, Doherty & Kelley, P.C.
The Defendants' Motion for Reargument pursuant to Superior Court Civil Rule 59(e) is DENIED. Neither the law nor the facts have been misunderstood; the reargument is simply re-litigating a previously rejected argument that is not appropriate at this juncture.
Cases of this type presented here are fact intensive. Negligence with a ministerial act or gross negligence with a discretionary act may give rise to responsibility. The Complaint is sufficient for the litigation to proceed normally. Once a fully developed record is made, the subject may be revisited, if indicated, through summary judgment.
Very truly yours,
Richard F. Stokes