Thomas v. Claymont Associates, LLC

• Court: Superior Court of Delaware
• Decided: March 5, 2026
• Docket: N25C-11-134 FJJ
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Michelle Thomas, ) ) Plaintiff, ) v. ) ) C.A. No. N25C-11-134 FJJ Claymont Associates, LLC ) A Delaware Corporation, Darley ) Associates, LLC, a Delaware ) Corporation d/b/a Dollar Family, and ) Easy Money Group Acquisition Co., ) LLC, d/b/a Minute Loan Center, ) ) Defendants. )

ORDER On Defendant Easy Money Group Acquisition Co., LLC’s Motion For Judgment On The Pleadings

Having considered Defendant Easy Money Group Acquisition Co., LLC’s

d/b/a Minute Loan Center (“Easy Money”) Motion for Judgment on the Pleadings

and Plaintiff, Michelle Thomas’ (“Plaintiff”), response it appears to the Court that:

1. This is a personal injury action where Plaintiff alleges that she sustained

injuries as a result of a slip and fall while walking on the sidewalk of the

property of Claymont Shopping Center (“Claymont”) in an area near or

around the Easy Money and/or a Dollar Family store. One of the Defendants

sued is Easy Money.

2. Easy Money has filed for Judgment on the Pleadings. The motion is based

on an argument that Plaintiff fell in area that was not the responsibility of

1 Easy Money.

3. Under Superior Court Civil Rule 12(c), “any party may move for judgment

on the pleadings.” “In resolving a Rule 12(c) motion, the Court accepts the

truth of all well-pleaded facts and draws all reasonable factual inferences in

favor of the non-movant.”1 The standard of review on a motion for

judgment on the pleadings tracks the standard for a motion to dismiss under

Rule 12(b)(6). 2 Accordingly, “[t]he Court will not grant judgment on the

pleadings unless, after drawing all reasonable inferences in favor of the non-

moving party, no material issues of fact exists and movant is entitled to

judgment as a matter of law.”3 Where matters outside the pleadings are

presented to the Court the motion shall be treated as one for summary

judgment and all parties are required to be given a reasonable opportunity

to present all material made pertinent to such a motion by Rule 56. 4

4. In support of its motion Easy Money attached to its Motion: (1) photographs

of the alleged area where Plaintiff fell; (2) the lease agreement between

Claymont Associates and EMG Acquisition Company of Del. LLC and (3)

a statement from the Easy Money Store Manager who allegedly saw the

1 Fortis Advisors LLC v. Boston Dynamics Inc., 2025 WL 1356521, at *3 (Del. Super. Apr. 29, 2025) (citing

D’Antonio v. Wesley Coll., Inc., 2023 WL 9021767, at *2 (Del. Super. Dec. 29, 2023)). 2 Silver Lake Office Plaza, LLC v. Lanard & Axilbund, Inc., 2014 WL 595378, at *6 (Del. Super. Jan. 17, 2014)

(quoting Blanco v. AMVAC Chem. Corp., 2012 WL 3194412, at *6 (Del. Super. Aug. 8, 2012)). 3 Four Cents Hldgs., LLC v. M&E Printing, Inc., 2025 WL 2366460, at *4 (Del. Super. Aug. 12, 2025) (citing Ford

Motor Co. v. Earthbound, LLC, 2024 WL 3067114, at *7 (Del. Super. June 5, 2024)). 4 Del. Super. Ct. Civ. R. 12(c).

2 Plaintiff’s fall. The existence and reliance by Easy Money on these

materials, especially those materials beyond the lease, convert this motion

into one for summary judgment.

5. Easy Money contends that it is entitled to Judgment because the lease

agreement between it and the Landlord, Claymont Associates, LLC (who is

also a Defendant in this case) puts the obligation on Claymont Associates

to maintain the area where the Plaintiff fell.

6. Plaintiff responds that it is premature to grant Easy Money’s motion and

that there are a number of disputed facts that prevent the Court from granting

Judgment on the Pleadings.

7. I agree with Plaintiff. As Plaintiff points out Easy Money has conceded for

purposes of this motion that the location of the subject incident occurred

directly in front of its retail location and that the lease between Easy Money

and its landlord provides:

In the event that the Premises should become in need of repairs required to be made by the Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible in any way for failure to make any such repairs until a reasonable time shall have elapsed after the giving of such written notice.

There are genuine issues of material fact as to whether Easy Money

breached its duty under the lease and its duty to the Plaintiff by failing to give

3 notice that effected premises needed repairs. Plaintiff has alleged that each of the

Defendants owed her a duty and that duty was breached in part by “allowing a long

standing, dirty, slippery and dangerous condition to exist on a walkway for patrons

of the shopping center.” When the facts are viewed in a light most favorable to

the Plaintiff and all inferences are drawn in Plaintiff’s favor there remains a

question of whether Easy Money violated its duty to Plaintiff irrespective of where

Plaintiff actually fell.

8. Additionally, since I have converted this motion into one for summary

judgment, plaintiff must be given a reasonable opportunity to response to

the motion. In this case that reasonable opportunity is to entitle plaintiff to

take discovery on the issues raised by Easy Money. Easy Money is free to

renew its motion after plaintiff has had a reasonable opportunity to take

discovery.

Easy Money’s Motion is DENIED.

IT IS SO ORDERED this 5th day of March, 2026.

/s/ Francis J. Jones, Jr. Francis J. Jones, Jr., Judge

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