May 14, 2015
KEITH D. PUGH, Plaintiff-Below, Appellant,
SCOTT SLOVER, Defendant-Below, Appellee
Submitted May 13, 2015.
Case Closed July 8, 2015.
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 New Castle County. C.A. No. 09C-07-255-MMJ.
Before STRINE, Chief Justice; HOLLAND and VALIHURA, Justices.
Leo E. Strine, Jr., Chief Justice.
The sole claim raised by the appellant in this appeal is that the Superior Court erred by instructing the jury that if it concluded that the appellee, Scott Slover, was in an emergency situation, the circumstances of that situation should be taken into account in determining whether Slover breached the relevant standard of care. For the reasons articulated by the Superior Court in its memorandum opinion dated August 12, 2014 denying appellant's motion for a new trial, the Superior Court's decision to issue the jury instruction was proper.
NOW, THEREFORE, IT IS HEREBY ORDERED that the August 12, 2014 judgment of the Superior Court dismissing appellant's motion for a new trial is AFFIRMED.