Smith v. State of Delaware

CourtSuperior Court of Delaware
DecidedMay 25, 2021
DocketN19C-01-186 CLS
StatusPublished

This text of Smith v. State of Delaware (Smith v. State of Delaware) 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.

Bluebook
Smith v. State of Delaware, (Del. Ct. App. 2021).

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

KAMELA SMITH, ) ) Plaintiff, ) ) v. ) ) STATE OF DELAWARE, ) DELAWARE DEPARTMENT OF ) C.A. No. N19C-01-186 CLS CORRECTIONS, DELAWARE ) BUREAU OF PRISONS, and ) DELORES J. BAYLOR ) WOMEN’S CORRECTIONAL ) INSTITUTION, )

Defendants.

Date Submitted: March 18, 2021 Date Decided: May 25, 2021

Upon Defendant State of Delaware’s Motion for Summary Judgment GRANTED.

ORDER

Christian G. Heesters, Esquire, Schuster Jachetti, LLP, Wilmington, Delaware, Attorney for Plaintiff Kamela Smith.

Kenneth L. Wan, Esquire, Anna E. Currier, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, Attorneys for Defendant State of Delaware.

SCOTT, J. INTRODUCTION

Before the Court is Defendant State of Delaware’s (the “State”) Motion for

Summary Judgment (the “Motion”). At this juncture, the question is whether

Plaintiff Kamela Smith’s (“Ms. Smith”) claims are barred by either sovereign

immunity or the State Tort Claims Act.

After careful consideration of the State’s Motion, Ms. Smith’s Response, and

Delaware law, the State’s Motion is GRANTED.

BACKGROUND

On January 19, 2017, Ms. Smith was injured by a metal bathroom stall door

at the Delores J. Baylor Women’s Correctional Institution (“Baylor”) where she

performed voluntary ministerial services for the Seeds of Greatness Church

(“Church”).1 Ms. Smith claims that the State had a contract with the Church of which

Ms. Smith was a third-party beneficiary.2

On January 16, 2019, Ms. Smith filed the Complaint. Through it, Ms. Smith

alleges the following claims: (1) Breach of Contract; (2) Negligence; (3) Gross

Negligence; (4) and Wanton Negligence.

On February 22, 2019, the State filed a Motion to Dismiss which this Court

subsequently denied. On February 16, 2021, after engaging in discovery, the State

1 The State concedes as such in their Answer. See D.I. 24. 2 No contract has been produced to show the existence of a relationship between Baylor and the Church.

1 filed the instant Motion for Summary Judgment (the “Motion”). Attached to the

Motion, the State includes an affidavit from Debra Lawhead, the director of the State

of Delaware Insurance Coverage Office, that states there is no insurance coverage

for this event.3 On March 18, 2021, Ms. Smith filed her Response to the State’s

Motion for Summary Judgment.

STANDARD OF REVIEW

Under Superior Court Civil Procedure Rule 56, summary judgment is proper

when there is no genuine issue of material fact and the moving party is entitled to

judgment as a matter of law.4 Summary judgment will not be granted if material facts

are in dispute or if “it seems desirable to inquire more thoroughly into the facts to

clarify the application of the law to the circumstances.”5 This Court considers all of

the facts in a light most favorable to the non-moving party.6

In a motion for summary judgment, the moving party bears the initial burden

of showing that there are no material issues of fact.7 If the moving party makes this

showing, then the burden shifts to the nonmoving party to show that there are

material issues of fact.8

3 Def.’s Mot. for Summ. J., Ex. 2. 4 Super. Ct. Civ. R. 56(c). 5 Infante v. Horizon Servs., Inc., 2019 WL 3992101, at *1 (Del. Super. Aug. 23, 2019). 6 Id. 7 Moore v. Sizemore, 405 A.2d 679, 680 (Del. 1979). 8 Id. at 681.

2 PARTIES’ ASSERTIONS The State, in their Motion, argues that the doctrine of sovereign immunity and

the Delaware Tort Claims Act bars recovery because no statutory waiver of

sovereign immunity exists, there is no insurance coverage that would constitute a

waiver, and no contract that would constitute a waiver of immunity exists.

Ms. Smith, in her Response, claims that sovereign immunity does not apply

here due to 10 Del. C. § 4012(2) and that material facts exist which prevent the Court

from granting summary judgment.

DISCUSSION A. Sovereign Immunity

A fundamental premise of our systems of law and government is that the State,

its agencies and its employees, acting in their official capacities, are immune from

civil liability.9 The doctrine of sovereign immunity provides that the State may not

be sued without its consent.10 Such immunity may only be limited or waived by act

of the General Assembly.11 Unless the State has waived sovereign immunity, any

claims against the State and/or its agencies are barred without further inquiry.12 In

9 U.S. Const. Amend. XI (“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”). 10 Doe v. Cates, 499 A.2d 1175, 1176 (Del. 1985). 11 Id. See Del. Const. art. I, § 9 (“Suits may be brought against the State, according to such regulations as shall be made by law.”). 12 Boyer v. Garvin, 2020 WL 532747, at *2 (Del. Super. Ct. Jan. 28, 2020).

3 order to overcome the State's sovereign immunity: (1) the State must waive

immunity; and (2) the STCA must not otherwise bar the action.13 There are two

means by which the State, through the General Assembly, may waive immunity: (1)

by procuring insurance coverage under 18 Del. C. § 6511 for claims cited in the

complaint;14 or (2) by statute which expressly waives immunity.15

Pursuant to 18 Del. C. § 6511, sovereign immunity has not been waived in

this matter because the claims against the State are not covered by the state insurance

coverage program, whether by commercially procured insurance, or by self-

insurance.16 The affidavit of Debra Lawhead, director of the State of Delaware

Insurance Coverage Office, adequately demonstrates that the State has not procured

insurance coverage for the risks implicated by Plaintiff's claims.17 Ms. Lawhead

avers that she reviewed Plaintiff's complaint and that neither the State of Delaware

or the Department of Correction has not purchased any insurance that would be

applicable to the circumstances and events alleged in the Complaint.18

13 Id. at 1176–77. 14 Id. at 1180. 15 Id. at 1176; J.L. v. Barnes, 33 A.3d 902, 913 (Del. Super. 2011); Janowski v. Div. of State Police Dep't of Safety & Homeland Security, 2009 WL 537051 (Del. Super. Feb. 27, 2009). 16 Parker, 2012 WL 1536934, at *2; Barnes, 33 A.3d at 913. 17 Def.’s Mot. for Summ. J., Ex. 2. 18 Id.

4 Since there is no insurance that would be applicable to the circumstances and

events alleged in the Complaint, there has been no waiver of sovereign immunity

pursuant to 18 Del. C. § 6511. Moreover, there is no statute that expressly waives

sovereign immunity for the Ms. Smith’s claims. Thus, “sovereign immunity exists

and no further analysis is necessary.”19 Accordingly, Ms. Smith’s claim is barred by

the doctrine of sovereign immunity and summary judgment is appropriate.

B. Ms. Smith’s Argument

In her Response to the State’s Motion, Ms. Smith claims that 10 Del. C. §

4012(2) provides an exception to the State’s defense of sovereign immunity.

Contrary to Ms. Smith’s assertion, 10 Del. C. § 4012 of the State Tort Claims

Act creates several limited exceptions to local government immunity. The predicate

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Related

Tomei v. Sharp
902 A.2d 757 (Superior Court of Delaware, 2006)
Moore v. Sizemore
405 A.2d 679 (Supreme Court of Delaware, 1979)
Watson v. Burgan
610 A.2d 1364 (Supreme Court of Delaware, 1992)
Doe Ex Rel. Doe v. Cates
499 A.2d 1175 (Supreme Court of Delaware, 1985)
J.L. v. Barnes
33 A.3d 902 (Superior Court of Delaware, 2011)
State v. Virden
43 A. 525 (Superior Court of Delaware, 1899)

Cite This Page — Counsel Stack

Bluebook (online)
Smith v. State of Delaware, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-of-delaware-delsuperct-2021.