Supreme Court of Delaware
Colleen Ryan v. Sea Colony Recreational Association, Inc.
July 28, 2025
Summary
The Court reversed judgment on the pleadings for Sea Colony because the pleadings did not establish that Sea Colony was an agent of the event organizer, and other reasonable inferences were available. Because Sea Colony bore the burden of proving its waiver-based affirmative defense, those competing inferences required denial of the motion at the pleading stage. The Court remanded for further proceedings and development of the factual record regarding agency and the waiver's scope.