Supreme Court of Delaware

Devin A. Hudson, Plaintiff Below, Appellant v. Old Guard Insurance Company, a Foreign Corporation, Defendants…

August 12, 20102010 Del. LEXIS 384

Summary

The court affirmed judgment for the insurer on the ground that the motorist had no duty to anticipate the child's sudden entry into the roadway and did not otherwise breach the applicable standard of care. It also upheld judgment as a matter of law because the record did not support a finding that the motorist was negligent, and it upheld exclusion of the proposed defensive-driving expert because the testimony concerned matters within ordinary juror knowledge and rested on inadequate qualifications and methodology.