Boyington v. Redner's Markets, Inc. v. Integrated Health Associates, Inc.

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

CAROL BOYINGTON, ) ) Plaintiff, ) ) C.A. No.: K24C-05-008 RLG v. ) ) REDNER’S MARKETS, INC. ) ) Defendant/ ) Third-Party Plaintiff, ) ) INTEGRATED HEALTH ) ASSOCIATES, LLC, ) ) Third-Party Defendant. )

Submitted: April 10, 2026 Decided: July 15, 2026

ORDER

Upon Review of the Affidavit of Merit – REJECTED

On April 8, 2025, Third-Party Defendant Integrated Health Associates, LLC,

(“Integrated Health”) filed a motion 1 seeking the Court’s review of Third-Party

Plaintiff Redner’s Markets, Inc.’s (“Redner’s”) affidavit of merit, in camera, to

determine whether it complies with 18 Del. C. § 6853(a)(1) and (c). 2 Specifically,

1 D.I. 52. 2 See 18 Del. C. § 6853(d) (“Upon motion by the defendant the Court shall determine in camera if the affidavit of merit complies with paragraph (a)(1) and subsection (c) of this section.”).

1 Integrated Health requested the Court review the affidavit of merit to ensure: (1) it

is signed by an expert witness; (2) it is accompanied by that witness’s curriculum

vitae; (3) it states all opinions with a reasonable degree of medical probability; (4)

the expert witness gives an opinion that there has been healthcare medical negligence

by Integrated Health; (5) the expert gives an opinion that each breach by Integrated

Health was a proximate cause of the injuries alleged in the Complaint; and (6) the

expert’s curriculum vitae establishes that the expert has been engaged in the

treatment of patients, or in the academic side of skilled nursing, for the three years

preceding the negligent act. 3 The Court has conducted the requested in camera

review.

18 Del. C. § 6853(a) requires all healthcare negligence lawsuits be

accompanied by “an affidavit of merit as to each defendant signed by an expert

witness … and accompanied by a current curriculum vitae of the witness, stating

that there are reasonable grounds to believe that there has been healthcare medical

negligence committed by each defendant.” Under 18 Del. C. § 6853(c), the affidavit

of merit must “set forth the expert’s opinion that there are reasonable grounds to

believe that the applicable standard of care was breached by the named defendant or

defendants and that the breach was a proximate cause of injury or injuries claimed

3 D.I. 52 at 1-2.

2 in the complaint.” The requirements of 18 Del. C. § 6853 “are purposefully

minimal.”4

Having reviewed the affidavit of merit, the Court finds it does not comply

with the requirements of 18 Del. C. § 6853. Specifically, the expert witness did not

provide a curriculum vitae, current or otherwise. Aside from failing to comply with

the statutory requirement, the failure to attach a curriculum vitae prevents the Court

from determining whether the expert witness has engaged in the treatment of patients

in the same or similar field as Integrated Health for the three years preceding the

negligent act.

This Court “has discretion to choose the appropriate sanction for

noncompliance with Section 6853.” 5 “Delaware has a strong public policy that

favors permitting a litigant a right to a day in court.” 6 Accordingly, the Court will

afford Redner’s an opportunity to correct the deficient affidavit of merit. Redner’s

must file an acceptable affidavit of merit, inclusive of a current curriculum vitae,

within 15 days of this Order.7 If Redner’s fails to file an acceptable affidavit of merit

4 Dishmon v. Fucci, 32 A.3d 338, 342 (Del. 2011) (citing Green v. Weinger, 766 A.2d 492, 495-96 (Del. 2001)). 5 Dishmon, 32 A.3d at 344. 6 Id. at 346. 7 Although the requirements of 18 Del. C. § 6853 “are purposefully minimal,” the Court encourages Redner’s to review its amended affidavit of merit carefully before submission to the Court to ensure compliance with all statutory requirements.

3 by that deadline, the Court will dismiss the claims against Integrated Health without

further notice or opportunity to be heard.

IT IS SO ORDERED.