Rossman v. Lincoln Property Co., Inc.

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SUPERIOR COURT of the STATE OF DELAWARE Susan C. Del Pesco JUDGE NEW CASTLE COUNTY COURTHOUSE 500 North King Street Suite 10400 Wilmington, DE 19801 Phone: (302) 255-0659 Facsimile: (302) 255-2273 March 5, 2008 Michele D. Allen, Esq. Two Mill Road, Suite 200 Wilmington, DE 19806 Ronald W. Hartnett, Jr., Esq. 1001 Jefferson Plaza, Suite 202 Wilmington, DE 19801 Re: Rossman v. Lincoln Property Co., Inc. C.A. No.: 06C-09-169 (SCD) Dear Counsel: I have reviewed the motion for summary judgment and the briefs which support and oppose the motion. As you know, this matter was scheduled for presentation on February 15, 2008, and continued by me. The record provided, when viewed in a light most favorable to the plaintiff, is sufficient to create a fact issue on the claim of negligence, and the defenses of assumption of risk and comparative negligence. 1 Plaintiff is not required to provide expert testimony on issues which do not require specialized knowledge. 2 The liability theories here, related to leaf removal and adequacy of illumination, are not so clearly outside the scope of ordinary experience as to make expert testimony essential. The motion for summary judgment is DENIED. IT IS SO ORDERED. Very truly yours, Susan C. Del Pesco SCD/msg Original to Prothonotary 1 2 Super. Ct. Civ. R. 56; Merrill v. Crothall-American, Inc., 606 A.2d 96, 99 (Del. 1992). D.R.E. 701; Money v. Manville Corp. Asbestos Comp. Trust Fund, 596 A.2d 1372, 1375 (Del. 1991).

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