Robert Scott McKinley and Deborah McKinley, H/w, Below v. Michele Casson, Below

Summary

The Supreme Court of Delaware reversed the judgment and remanded for a new trial because several evidentiary rulings deprived McKinley of a fair trial. The court held that Casson waived the physician-patient privilege by relying on her anxiety to explain her conduct, that evidence of her anxiety medication was relevant, and that an EMT's account of unidentified bystanders' statements was inadmissible hearsay. It also held that McKinley's failure to wear a motorcycle helmet was not relevant to comparative negligence or mitigation of damages, while upholding the admission of the investigating officer's limited lay opinion and the denial of summary judgment. No separate opinions were filed.