Supreme Court of Delaware

Emershaw-Andrieux v. Biddle

March 16, 2015

Summary

The Supreme Court of Delaware affirmed the denial of a motion for a new trial after a jury found that neither the defendant nor an unidentified phantom driver was negligent and that the accident caused no compensable injury. The court held that the verdict form's requirement to allocate 100 percent of fault applied only if both defendants were found negligent, and that the verdict was supported by evidence concerning both negligence and proximate cause. The court also concluded that the trial judge acted within his discretion in determining that a reasonable jury could reject the plaintiff's negligence and injury claims.