Morgan McCaffrey, Plaintiff Below, Appellant v. City of Wilmington, and Chief Michael J. Szczerba

Summary

The Supreme Court affirmed dismissal of all claims against the City and Chief Szczerba. It held that the operative second amended complaint abandoned any respondeat superior claim against the City in Count I, that the evidence did not support wanton negligence by Chief Szczerba, and that the City was immune because the police equipment allegedly involved did not fall within the Tort Claims Act's equipment exception. Chief Justice Strine, concurring in part and dissenting in part, would have held that the evidence created a jury question on Chief Szczerba's wanton negligence.