Supreme Court of Delaware

Mary Jones, as Executrix of the Estate of Samuel Jones, Deceased, and Mary Jones

July 30, 20102010 Del. LEXIS 359

Summary

The court reversed summary judgment for the defendants in a wrongful-death action arising from a high-speed police pursuit and remanded for further proceedings. It held that a reasonable jury could find that the officer acted with gross negligence and that his conduct proximately caused the decedent's death, while also finding that factual disputes prevented deciding as a matter of law whether the fleeing carjackers' conduct was a superseding cause.