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Divita v. Bayhealth Med. Ctr., Inc.

Supreme Court of Delaware

November 13, 2014

JENNIFER F. DIVITA, Individually and as Administratrix of the Estate of BENNY DIVITA II, Deceased, and as Parent and Next Friend of BECKETT DIVITA, a Minor, Plaintiff Below, Appellant,
v.
BAYHEALTH MEDICAL CENTER, INC. (at Kent General Hospital), a Delaware Corporation, Defendant Below, Appellee

Submitted November 12, 2014

Case Closed December 2, 2014.

Editorial Note:

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 Sussex County. C.A. No. S10C-03-030.

Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.

ORDER

Karen L. Valihura, Justice

This 13th day of November 2014, upon consideration of the briefs and arguments of the parties and the record below, it appears to the Court that the Appellant raises one argument on appeal. Appellant argues that the Superior Court erred when it admitted into evidence a video animation showing the regurgitation and aspiration of a person's stomach contents into his lungs. Appellant claims that the admission into evidence of the video animation was untimely, speculative and prejudicial. We find that the Superior Court did not abuse its discretion when admitting the evidence on the basis of and for the reasons assigned by the Superior Court in its Order dated April 14, 2014.

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court is AFFIRMED.


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