Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Amisial v. Lucas

Superior Court of Delaware, Kent

March 1, 2017

MAZILIA AMISIAL and FERANA LEGROS, Plaintiffs,
v.
JOSE RAMIREZ LUCAS, ALFAS SPECIALTY INSURANCE CORPORATION, and ALFA VISION INSURANCE CORPORATION, Defendants.

          Submitted: December 28, 2016

         Upon Consi derati on of Defendants' Motion for Summary Judgment DENIED

          Nicholas H. Rodriguez, Esquire, Schmittinger & Rodriguez, P.A., Dover, Delaware for Plaintiffs.

          Kevin J. Connors, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, Delaware for Defendants.

          ORDER

          YOUNG, J.

         SUMMARY

         Jose Ramirez Lucas ("Insured") and Alfa Vision Insurance Corporation ("Insurer") (collectively "Defendants") filed this Motion for Summary Judgment[1]against Mazilia Amisial and Ferana Legros ("Plaintiffs") in an action in which Plaintiffs allege they were injured as a result of Insured's negligence. There is a genuine issue of material fact as to whether 18 Del. C. § 3914 tolled the statute of limitations with respect to the Defendants. Hence, Defendants' motion is DENIED.

         FACTS AND PROCEDURE

         Plaintiffs allege that they were injured on March 9, 2014, when the Insured's vehicle hit their vehicle while it was parked on North Church Avenue in Milford, Delaware.

         At the time of the incident, Plaintiffs claim that the Insured was a Delaware resident and that his vehicle was Delaware property. Plaintiffs base this assertion upon a police report, that was approved on March 22, 2014, listing the Insured's address as being in Delaware. Conversely, Defendants assert that the Insured was a resident of Virginia. Further, Defendants allege, the Insured's car was garaged in Virginia and registered in Virginia. Defendants support these assertions with the renewal declarations from the Insured's insurance policy. They support their assertion as to the Insured's vehicle's registration information with the police report that was approved on March 22, 2014.

         The Insurer is a foreign corporation, not authorized to sell insurance in Delaware, with a business address in Tennessee. The parties agree that the Insurer never sent Plaintiff written notice of the statute of limitations.

         Plaintiffs filed a Complaint on April 14, 2016. On August 31, 2016, this Court issued a scheduling order setting the date for the close of discovery for March 6, 2018. On December 15, 2016, Defendants filed the instant motion for summary judgment.

         STANDARD OF REVIEW

         Summary judgment is appropriate where the record exhibits no genuine issue of material fact, and the movant is entitled to judgment as a matter of law.[2] This Court shall consider the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any" in deciding the motion.[3] The moving party bears the initial burden of demonstrating the nonexistence of material issues of fact: The burden then shifts to the nonmoving party to show that there are material issues of fact in dispute.[4] The Court views the record in the light most favorable to the nonmoving party.[5] When material facts are in dispute, or "it seems desirable to inquire more thoroughly into the facts, to clarify the application of the law to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.