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

Summary

The Court affirmed dismissal of all claims against the City and Chief Szczerba arising from Officer Spencer’s off-duty drunk-driving accident and subsequent misconduct. It held that the operative amended complaint no longer asserted a claim against the City under Count I, and that the record did not establish wanton negligence by Chief Szczerba or an applicable equipment exception to governmental immunity. Chief Justice Strine, concurring in part and dissenting in part, would have found a triable issue on Chief Szczerba’s wanton negligence based on the police department’s handling of Spencer’s repeated misconduct.