Supreme Court of Delaware

Day v. Wilcox Landscaping, Inc.

May 2, 2018

Summary

The Court affirmed summary judgment for the snow-removal contractors because the continuing storm doctrine applied to Day’s fall during an active snowfall. The doctrine protected both landowners and contractors from liability for natural accumulations of snow and ice until the storm ended and a reasonable time had passed, including when contractors had begun ineffective removal efforts. The Court also rejected contractual-duty, voluntary-undertaking, public-policy, and pre-storm-prevention arguments as grounds for avoiding the doctrine.