Supreme Court of Delaware

Manerchia v. Kirkwood Fitness and Racquetball Clubs, Inc.

March 25, 20102010 Del. LEXIS 136

Summary

The Court affirmed summary judgment for Kirkwood Fitness and Racquetball Clubs because Manerchia offered no competent evidence that the Club breached its duty to maintain a safe hot tub or that the hot tub was the source of the bacteria causing his cellulitis. The Court also held that the Superior Court properly denied additional time for discovery because Manerchia had received adequate notice and opportunity to obtain supporting expert evidence. The opinion contains no separate writings.