Supreme Court of Delaware
Evans v. Lee
June 1, 2010996 A.2d 793
Summary
The Supreme Court of Delaware affirmed summary judgment for Sergeant Thomas Lee in a wrongful-death action arising from Lee's transportation of the plaintiff's intoxicated father to an apartment building before the father was later struck by a vehicle. Applying de novo review, the Court held that the plaintiff offered no evidence supporting municipal-employee liability under the County and Municipal Tort Claims Act because Lee acted within the scope of his employment and there was no showing of wanton negligence or willful and malicious intent. The Court also granted the appellee's motion to affirm because the appeal was manifestly without merit.