Divita

• Court: Supreme Court of Delaware
• Decided: November 13, 2014
• Docket: 225, 2014
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

JENNIFER F. DIVITA, Individually and § as Administratrix of the Estate of § No. 225, 2014 BENNY DIVITA II, Deceased, and as § Parent and Next Friend of § BECKETT DIVITA, a Minor, § Court Below: § Plaintiff Below, § Superior Court Appellant, § of the State of Delaware § in and for Sussex County § v. § C.A. No. S10C-03-030 § BAYHEALTH MEDICAL CENTER, INC. § (at Kent General Hospital), a § Delaware Corporation, § § Defendant Below, § Appellee. §

Submitted: November 12, 2014 Decided: November 13, 2014

Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.

ORDER

This 13th day of November 2014, upon consideration of the briefs and

arguments of the parties and the record below, it appears to the Court that the

Appellant raises one argument on appeal. Appellant argues that the Superior Court

erred when it admitted into evidence a video animation showing the regurgitation

and aspiration of a person’s stomach contents into his lungs. Appellant claims that the admission into evidence of the video animation was untimely, speculative and

prejudicial. We find that the Superior Court did not abuse its discretion when

admitting the evidence on the basis of and for the reasons assigned by the Superior

Court in its Order dated April 14, 2014.

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the

Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura Justice