Submitted: December 5, 2014
Upon Consideration of Defendants Jeanette L. Waters and Francis Dusell's Motion to Dismiss DENIED
Scott E. Chambers, Esquire, Schmittinger & Rodriguez, P.A., Dover, Delaware for Plaintiff.
Middletown Farmers Market, LLC, pro se.
Jeanette L. Waters, pro se.
Frances Dusell, pro se.
Robert B. Young J.
Jeanette Waters and Francis Dusell ("Defendants") have filed a second Motion to Dismiss in this unusual case, involving injuries sust ained from an ai rborn e farmer's market vendor table. Having recently obtained Joyce Henry's ("Plaintiff") medical records, Defendants seek to bolster their argument that there are no facts to support Plaintiff's claim of negligence. In particular, Defendants contend Plaintiff suffered from a number of preexisting medical conditions that are the true cause of her injuries.
In framing their motion, Defendants have cited to evidence outside of the pleadings – the Plaintiff's medical records, which were recently produced to Defendants through discovery. The Court must, therefore, review the filing as a Motion for Summary Judgment. The proper standard of review, however, is immaterial to this Court's decision. The factual issues in this case are far from decided. The freshly produced evidence, and the Defendants' new argument regarding causation, only underscores this point. Therefore, Defendants' Motion for Summary Judgment is DENIED.
FACTS AND PROCEDURES
On April 7, 2012, Plaintiff attended an open air market, called Dutch Country Farmers Market, where she allegedly sustained injuries from the airborne vendor table. It is alleged that the table was swept up by a gust of wind, and while landing, made impact with the Plaintiff's person. Defendants, both attending the market as vendors, are said to be the owners of said table.
Plaintiff filed a negligence action against Defendants, claiming they negligently failed to secure the table to the ground, allowing the table to be susceptible to the elements. Plaintiff attributes the table's flight to this negligence, resulting in the injuries she alleges from its downward trajectory.
Defendant Waters previously filed a Motion to Dismiss the present action, on June 19, 2014. The Court denied this motion on September 8, 2014. Since that time, the parties have conducted discovery, most recently resulting in production of Plaintiff's ...