JAMES B. ADAMS, Plaintiff,
LESTER GRIFFIN, Defendant.
Submitted: August 8, 2014
Upon Consideration of Defendant's Motion For Summary Judgment. DENIED
Craig T. Eliassen, Esq., Schmittinger & Rodriguez, Dover, Delaware. Attorney for Plaintiff.
Jennifer D. Smith, Esq., Tybout, Redfearn & Pell, Wilmington, Delaware. Attorney for Defendant.
Upon consideration of defendant Lester Griffin's Renewed Motion for Summary Judgment, the plaintiff's opposition, and the record of the case, it appears that:
1. This is a personal injury case brought by James Adams, involving a motor vehicle accident which occurred on June 30, 2010. He alleges that negligence on the part of the defendant was the proximate cause of injuries he received in the accident.
2. On October 23, 2013, the defendant filed a Motion for Summary Judgment contending that the statute of limitations expired prior to the bringing of suit. The motion was denied without prejudice to give the parties an opportunity to conduct discovery. This is the defendant's Renewed Motion for Summary Judgment
3. It is undisputed that the plaintiff's complaint was filed more than two years after the accident. The issue is whether or not the defendant and his insurer have waived the statute of limitations because of the insurer's alleged failure to give the plaintiff notice of the applicable statute of limitations pursuant to 18 Del. C. § 3914. It is undisputed that no such notice was given.
4. In support of his Motion for Summary Judgment, the defendant contends that 18 Del. C. § 3914 is inapplicable because the plaintiff failed to give notice of his claim to the defendant's insurer; and that in order for the statue of limitations to be tolled, the plaintiff must demonstrate that the following conditions have been met: (1) there must be notice of the claim to the insurer; (2) the claim must be pursuant to a casualty insurance policy; (3) there must be the pendency of a claim; and (4) the insurer must have failed to give notice of the applicable statue of limitations.
5. The plaintiff contends that under the Supreme Court's holding in Stop & Shop Companies v. Gonzales, the legislative intent of 18 Del. C. § 3914 is remedial, and the statute is designed to protect claimants from the draconian consequences of a missed limitations period; that the statute should be accorded a broad construction to accommodate the legislative will; that his claim was a pending claim within the meaning of the statute; and that the defendant's insurer was aware of the accident, knew that its insured was at fault, and knew that the plaintiff had suffered both property damage and personal injury.
6. In support of his contentions, the plaintiff points to Exhibit C in the defendant's motion which contains an Automobile Loss Notice provided to the insurer, a Uniform Collision Report which was provided to the insurer, one letter sent to the defendant by the plaintiff's insurer informing him that it was looking to him for reimbursement for property damage and medical bills, and four letters from plaintiff's insurer to the defendant's insurer requesting reimbursement for PIP medical benefits paid on account of the plaintiff's injuries. The letters, which were sent between August 18, 2010 and March 13, 2012, contain among other things, summaries of the plaintiff's medical treatment and payments made to various healthcare providers. All of the letters were sent within the applicable statute of limitations. The plaintiff argues the information was sufficient to put the defendant on notice of a pending claim, and therefore trigger the protection provided by 18 Del. C. § 3914. Because the defendant did not thereafter inform the plaintiff of the applicable statue of limitation period, the plaintiff contends, the statute of limitations was tolled and this motion should be denied.
7. The defendant contends that the documents sent to his insured were not proper notice of a pending claim, that the Automobile Loss Notice indicated property damage as a result of the accident, that the Uniform Collision Report does not identify any personal injuries to the plaintiff; that there is no evidence that the plaintiff ever did anything to put the defendant's insurer on notice of a liability claim; that the plaintiff admits that he never called, wrote to, or spoke with the defendant or the defendant's insurer at any time after the accident; and that there is no evidence that the defendant or his insurer had notice of any kind of the plaintiff's alleged bodily injury claim that would have triggered the insurer's obligation under § 3914.
8. It also appears that an adjuster for the defendant's insurer placed a telephone call to the plaintiff, and, not getting him, left a message asking that the plaintiff return the call. The plaintiff never returned the call. It also appears that the claim number used with ...