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Ambrosio v. Drummond

Superior Court of Delaware

April 27, 2017

NOEMI VAZQUEZ AMBROSIO, Plaintiff,
v.
WILLIAM DRUMMOND, DELAWARE DEPARTMENT OF SAFETY AND HOMELAND SECURITY, DELAWARE STATE POLICE TROOP 6, Defendants.

          Date Submitted: April 20, 2017

          Date Decided: April 25, 2017

          Leroy A. Tice, Esquire, Wilmington, Delaware, Attorney for Plaintiff.

          Lynn A. Kelly, Esquire, Delaware Department of Justice, Wilmington, Delaware, Attorney for Defendants William A. Drummond, Delaware Department of Safety and Homeland Security, and Delaware State Police Troop 6.

          ORDER

          Calvin L Scott, Jr., Judge

         Background

         On April 17, 2017, Defendants William A. Drummond, Delaware Department of Safety and Homeland Security, and Delaware State Police Troop 6 (hereinafter "the State") filed a proposed verdict form in the present case for trial beginning on April 24, 2017. Plaintiff objected to Questions 1 and 2 on the proposed verdict form. Question 1 states:

Do you find that Defendant William Drummond, Delaware Department of Safety and Homeland Security, and Delaware State Police Troop 6 acted with gross or wanton negligence?

         Plaintiffs objection to Question 1 provides:

Whether Drummond was in "pursuit" as contemplated by 21 Del. C. § 4106 or performing a "discretionary duty" as contemplated by 10 Del. C. § 4001 are jury questions which should be reflected on the Verdict Form.

         Similarly, Plaintiff objects to Question 2 on the Proposed Verdict Form. Question 2 reads:

Do you find that Defendants William Drummond, Delaware Department of Safety and Homeland Security, and Delaware State Police Troop 6's gross or wanton negligence was a proximate cause of injury to Noemi Vazquez Ambrosio? If your answer to Question 1 was "NO, " then the answer to this Question (2) must also be "NO."

         Plaintiffs objection to Question 2 on the Proposed Verdict Form states:

Whether Drummond was in "pursuit" as contemplated by 21 Del. C. § 4106 or performing a "discretionary duty" as contemplated by 10 Del. C. ยง 4001 are jury questions which should be ...

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