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Wright v. Adams Market, LLC

Superior Court of Delaware, New Castle

March 2, 2015

BENITA L. WRIGHT, Plaintiff,
v.
ADAMS MARKET, LLC, d/b/a the FRESH GROCER, a limited liability Company Defendant.

Submitted: December 1, 2014

On Defendant's Motion for Summary Judgment as to Plaintiffs' Claim for General and Special Damages.

Nicholas G. Kondraschow, Esq. and William J. Rhodunda, Jr., Esq., Attorneys for Defendant.

Benita L. Wright, pro se Plaintiff.

ORDER

Calvin L. Scott, Jr. Judge

Introduction

Before the Court is Defendant Adams Market, LLC's ("Defendant") Motion for Summary Judgment. The Court has reviewed the parties' submissions. For the following reasons, Defendant's Motion for Summary Judgment is GRANTED.

Factual Background

On April 17, 2012, Plaintiff Benita L. Wright ("Plaintiff") filed this action against Defendant alleging personal injuries sustained by Plaintiff as a business invitee at Defendant's place of business, Adams Market.[1] The complaint stated that on August 7, 2010, Plaintiff slipped and fell on a wet floor at Adams Market, suffering serious and permanent injuries.[2]

This Court entered a Scheduling Order dated August 13, 2013, establishing the following critical deadlines: (1) Plaintiff's Expert Report – January 28, 2014; Discovery Cut-Off – April 30, 2014; Pretrial Conference – October 15, 2014; and (4) Trial – November 17, 2014.

Plaintiff's counsel's motion to withdraw was granted on May 19, 2014. Defendant declined Plaintiff's request for mediation, made approximately one week prior to the pre-trial conference. Plaintiff did not appear for the pre-trial conference held on October 15, 2014. By letter filed on October 15, 2014, Defendant requested the Court dismiss Plaintiff's case due to Plaintiff's continued failure to prosecute.

On October 24, 2014, Defendant moved for summary judgment. Plaintiff did not appear for the trial scheduled for November 17, 2014. Plaintiff filed her response to Defendant's motion for summary judgment on November 25, 2014. Defendant filed its reply on December 1, 2014.

Parties' Contentions

Defendant asserts that there is no genuine issue of material fact in dispute due to Plaintiff's failure to prosecute her claim. As a result, Defendant contends that there is no ...


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