Harden v. Allstate Ins. Co.
| Decision Date | 02 May 1995 |
| Docket Number | Civ. A. No. 93-513-SLR. |
| Citation | 883 F. Supp. 963 |
| Parties | Moriah M. Poole HARDEN, a minor, by her next friend, Phyllis R. Harden, Phyllis R. Harden, as Personal Representative of the Estate of Joshua M. Poole, Margaret L. Poole, Individually and as Personal Representative of the Estate of Michael W. Poole, and Glenna L. Rufenacht, Personal Representative of the Estate of Shelby R. Poole, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Defendant, and James M. DALRYMPLE, Jr., Defendant/Third-Party Plaintiff, v. Peter B. JONES, Esquire, Administrator of the Estate of Winnita M. Sennett, deceased, Third-Party Defendant. |
| Court | U.S. District Court — District of Delaware |
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William D. Fletcher, Jr., and Larry Fifer, of Schmittinger & Rodriguez, Dover, DE, Peter Ayers Wimbrow, III, Ocean City, MD, E. Scott Collins, Ocean City, MD, for plaintiffs Moriah M. Poole Harden, Phyllis R. Harden, Estate of Joshua M. Poole, Glenna L. Rufenacht, and the Estate of Shelby Poole.
Gary F. Dalton, and Rebecca D. Batson, of Prickett, Jones, Elliott, Kristol & Schnee, Dover, DE, for plaintiffs Margaret Poole and the Estate of Michael Wayne Poole.
Dennis D. Ferri, Wilmington, DE, for defendant Allstate Corp.
Carol P. Braverman, and Michael J. Rich, of Twilley, Street, Rich, Braverman & Hindman, Dover, DE, Richard Galperin, and Joseph R. Slights, of Morris, James, Hitchens & Williams, Wilmington, DE, for defendant/third party plaintiff James M. Dalrymple.
Richard F. Stokes, and Brian D. Shirey, of Tunnell & Raysor, Georgetown, DE, for third party defendant Peter B. Jones.
Plaintiffs1 filed this cause of action against defendants Allstate Insurance Company ("Allstate") and James C. Dalrymple ("Dalrymple") in November of 1993. (D.I. 1) In December of 1993 Dalrymple filed a third party complaint against Peter C. Jones, Esq., the administrator of the estate of Winnita M. Sennett (the "Estate"). (D.I. 6) Presently before the court are plaintiffs' and defendant Dalrymple's cross-motions for summary judgment (D.I. 101, 98); plaintiffs' and defendant Allstate's cross-motions for summary judgment (D.I. 92, 101); and the Estate's motion for summary judgment. (D.I. 95)
This litigation concerns events surrounding a tragic automobile accident occurring between Winnita M. Sennett ("Sennett") and Michael W. Poole ("Poole") on February 21, 1992 on Route 113 proximate to Milford, Delaware. In said automobile accident Poole was driving his automobile northbound on Route 113 with his wife, son, and daughter as passengers and Sennett was driving alone southbound. Evidence of record indicates that Sennett's automobile at some point crossed the center line of the street, driving others off the road, and eventually collided head-on into Poole's automobile. Poole's six-year-old daughter, Moriah M. Poole Harden ("Harden") is the sole survivor of the accident. (D.I. 100 at A102-107)
Sennett's vehicle was insured by Colonial Insurance Company and possessed a $30,000 limit on its coverage. Said amount was paid to the victims of this accident. (D.I. 1 at ¶ 17) Prior to the accident, the Pooles purchased underinsured coverage from Allstate in the amount of $100,000 per person or $300,000 per occurrence. (D.I. 103 at A55)
Plaintiffs' allegations against Dalrymple concern his role as Sennett's physician and, specifically, his treatment of her epileptic condition. Dalrymple, specializing in general neurology, first began caring for Sennett in 1987. (D.I. 99 at 7; 120 at 3) In March of 1988, Sennett ceased treatment with Dalrymple. Contact did not resume between the two until February 1989 when Dalrymple consulted with Sennett while she was in the hospital recovering from an automobile accident. During this consultation, Dalrymple learned that the 1989 accident was apparently caused by an epileptic seizure occurring immediately prior to her collision. (D.I. 99 at 7) In July of 1991, Sennett returned to Dalrymple's care and they continued this relationship until her death. (D.I. 100 at 66-75)
Section 1763, Title 24, of the Delaware Code provides as follows:
Dalrymple, although aware of § 1763 and that Sennett fell within the category of citizens affected by said statute, did not report her to the Division of Motor Vehicles. He argues that he was "philosophically opposed to the statute because he felt that reporting his patients to the Division of Motor Vehicles constituted a betrayal of his patients' right to privacy, and of the doctor/patient privilege." (D.I. 99 at 8; 120, Ex. 1 at 12) Dalrymple did know that Sennett had a history of automobile accidents during which she apparently lost consciousness. He also opined that her condition was such that she should not be driving. (D.I. 120, Ex. 1, at 13) Dalrymple did have Sennett read and sign a form which included recitation of § 1763, as well as 21 Del.C. § 2707, which outlines Delaware's license qualifications. (D.I. 100 at A101) Section 2707 particularly excludes from eligibility for driver's licenses individuals subject to losses of consciousness due to diseases of the central nervous system. Dalrymple did not advise Sennett's husband or children that she should not drive. (Id. at A78) Dalrymple testified that he was under the impression both that Sennett knew she should not be driving and that she was, in fact, not driving. (Id. at A77)
On November 2, 1993, plaintiffs filed this action. Count III is directed solely at Dalrymple on behalf of Harden for the wrongful deaths of her family and for her own injuries. (D.I. 1 at ¶ 30) Specifically, Harden alleges that Dalrymple was negligent in his failure to conform to the standards of care in the local community by 1) failing to provide reasonable care; 2) failing properly to treat Sennett for her seizures; 3) failing to timely report Sennett to the Division of Motor Vehicles pursuant to § 1763; 4) breaching his affirmative duty to the Pooles to protect them and others on the roads from Sennett; and 5) failing to take appropriate steps to protect plaintiffs from the unreasonable danger of Sennett's operation of the motor vehicle. (Id. at ¶ 29) Count IV alleges that Dalrymple was negligent per se in his failure to report Sennett pursuant to § 1763. For both these counts Harden seeks general and special damages for herself and for the wrongful death of her parents. She also seeks punitive damages. Counts V-VIII are survival causes of action on behalf of the decedents against both Dalrymple and Allstate. (Id. at ¶¶ 33-42)
Dalrymple denied plaintiffs' allegations and filed a third party complaint against the Estate. (D.I. 6) Dalrymple grounds his motion for summary judgment as to Counts III-VII in the argument that he owed no duty to plaintiffs either through § 1763 or the common law. He also moves for summary judgment as to Counts III and IV arguing that punitive damages are not permitted in wrongful death claims, and as to Counts V-VII arguing that hedonic damages are not permitted in "survival" claims. (D.I. 98) Plaintiffs move for partial summary judgment arguing that Dalrymple's failure to report Sennett was a breach of his duty of care, a violation of both his statutory and common law duties, and negligent per se. They also seek summary judgment against Allstate. (D.I. 101) Allstate has filed a cross-motion for summary judgment arguing that the plaintiffs are not eligible for underinsured motorist benefits. (D.I. 92) The Estate moves to dismiss Dalrymple's third party complaint arguing that his claim is barred. (D.I. 95)
This court has jurisdiction pursuant to 28 U.S.C. § 1332, this being a civil action between citizens of different states. Because this is a case in diversity, unless otherwise noted, this court shall apply Delaware law. Carroll v. Getty Oil Co., 498 F.Supp. 409, 412 (D.Del.1980), overruling on other grounds recog. by Figgs v. Bellevue Holding Co., 652 A.2d 1084 (Del.Super.Ct.1994).
Federal Rule of Civil Procedure 56(c) provides that a party is entitled to a summary judgment where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." An issue is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A fact is "material" if it might affect the outcome of the litigation under the applicable law. Id. A party seeking a summary judgment always bears the initial responsibility of informing the court of the basis for the motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, which said party believes demonstrate the absence of a genuine issue of material fact. Id.
Where the nonmoving party opposing summary judgment has the burden of proof at trial on the issues for which summary judgment is sought, that party must then make a showing sufficient to establish the existence of an element...
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