Supreme Court of Delaware

ACW Corporation v. Maxwell

November 18, 2020

Summary

The Court affirmed summary judgment for the defendant driver and his insurer, holding that an employer or workers’ compensation carrier may recover from a third party only the damages the injured employee could recover in tort. A lump-sum commutation of potential or future workers’ compensation benefits does not itself establish recoverable tort damages, and the plaintiffs offered no other evidence connecting the payment to such damages. The opinion contains no separate writings.