Barnes v. Hooper and Harrington Raceway, Inc. d/b/a Harrington Raceway & Casino

Summary

The Supreme Court of Delaware affirmed dismissal of the negligence claims against Harrington Raceway arising from an intoxicated driver who left the Raceway and later injured Gregory Barnes. The court held that the complaint did not allege an affirmative undertaking by Harrington Raceway to provide services to Hooper, so the undertaking-based duty under Restatement § 324A did not apply. The court also declined to consider additional theories raised for the first time on appeal.