Dudsak v. Koester
This text of Dudsak v. Koester (Dudsak v. Koester) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Joanne Dudsak and Kelly Anne Muscle, ) ) Plaintiff, ) ) v. ) C.A. No.: N23C-08-135 FJJ ) Christopher Koester, Larissa Jones and ) New Jersey Manufacturers Ins. Co., ) ) Defendants. )
ORDER 1. Defendants have moved for summary judgment on the issue of whether
plaintiffs may introduce at trial as part to their special damages those amounts paid
by New Jersey Manufacturers pursuant to a PIP policy issued in New Jersey
covering plaintiffs.
2. In a related Court of Chancery action the Court has just issued a
decision in Allstate Insurance Company v. New Jersey Manufacturers Insurance
Company vacating a subrogation award in favor of NJM against Allstate the
insurance carrier for the defendants in this case.
3. It is well settled Delaware law that an out of state plaintiff is not subject
to the evidentiary strictures of 21 Del. C. §2118 (h).1
1 Reed v. Hoffecker, 616 A.2d 835 (Del. 1992). 4. Plaintiffs may introduce special damages even if some of those
damages were paid by NJM under the NJM NJ PIP policy.
5. Defendants’ Motion is DENIED.
IT SO ORDERED this 1st day of October, 2024.
/s/ Francis J. Jones, Jr. Francis J. Jones, Jr., Judge
cc: File & Serve Xpress
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