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Albright v. Harris

Superior Court of Delaware

December 9, 2019

JOHN R. ALBRIGHT, Plaintiff,
v.
ANNA M. HARRIS, Defendant.

          Submitted: 10/30/2019

         Upon Defendant's Motion for Summary Judgment. Granted.

          John R. Albright, Pro Se Plaintiff.

          James S. Green, Sr., Esq. and Jared T. Green, Esq., Attorney for Defendant.

          ORDER

          Richard F. Stokes, Judge.

         I. INTRODUCTION

         Before the Court is Defendant Anna Harris's ("Defendant") Motion for Summary Judgment. For the reasons that follow, Defendant's Motion for Summary Judgment is GRANTED.

         II. FACTUAL AND PROCEDURAL HISTORY

         The underlying facts in this case are few and undisputed. John Albright ("Plaintiff) was named as the executor of Defendant's brother's, James Harris, Jr., estate. Defendant made multiple filings in the Court of Chancery related to the administration of her brother's estate. These filings include the Exceptions to Inventory, filed on November 18, 2016, and an Amendment to the Exceptions to Inventory, filed on November 21, 2016. In those filings, Defendant accused Plaintiff of abusing and stealing from her brother.[1]

         In November, 2018, Plaintiff filed a one count complaint against Defendant for defamation, accusing Defendant of knowingly making false accusations against Plaintiff.[2]Plaintiff claims that Defendant's statements have caused damage to Plaintiffs name and character.[3] The basis for the complaint are the filings made in the Court of Chancery.

         Defendant has filed a Motion for Summary Judgment, claiming that Plaintiff has not suffered reputational harm and Defendant's statements are protected by absolute privilege. Plaintiff has not filed a response to Defendant's motion. This Court will decide the motion on the pleading filed.

         III. STANDARD OF REVIEW

         Under Superior Court Civil Rule 56(c), a party is entitled to summary judgment if the moving party can show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.[4] The party moving for summary judgment bears the initial burden of showing no material issues of fact are present.[5] When a moving party meets her initial burden of showing ...


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