McGrath v. Acton. et al.
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SUPERIOR COURT OF THE STATE OF DELAWARE JOHN A. PARKINS, JR. NEW CASTLE COUNTY COURTHOUSE 500 NORTH KING STREET, SUITE 10400 WILMINGTON, DELAWARE 19801-3733 TELEPHONE: (302) 255-2584 JUDGE Michael C. Rosendorf, Esquire Law Offices of Michael C. Rosendorf 221 Main Street Stanton, Delaware 19804 Attorneys for Plaintiffs Beth H. Christman, Esquire Casarino Christman Shalk Ransom & Doss, P.A. 405 North King Street P.O. Box 1276 Wilmington, Delaware 19899 Attorney for Defendant Christopher Acton Re: James McGrath and Sheila McGrath v. Christopher Acton and The Travelers Indemnity Company C.A. No. 07C-06-322 JAP Submitted: March 10, 2009 Decided: March 17, 2009 On Defendant Christopher Acton s Motion for Summary Judgment as to Plaintiff s Negligence DENIED. Dear Counsel: The material facts pertinent to this motion are undisputed. Plaintiff James McGrath pulled up on his bicycle alongside the driver s side of a car operated by Defendant Christopher Acton. Acton s car was running but stopped in the middle of Atlantic Avenue in Bethany Beach. McGrath and Acton had a conversation for a few minutes, during which McGrath had both of his feet on the petals of the bike and his right arm extended with his right hand rested on top of Acton s car for balance. At some point, Acton accelerated his car and McGrath fell to the ground, sustaining injuries. Acton alleges that McGrath was negligent per se at the time of the incident. In support of his contention, Acton relies on 21 Del. C. § 4195, which states: No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or personally be attached to any vehicle upon a highway. In response, McGrath contends that (1) he was not attached to the vehicle at the time of the incident, (2) he was not riding a bicycle at the time of the incident, and (3) the statute has no applicability because it was intended to prevent children from dangerous joy riding. Section 4195 does not define the word attach. Where the language of the statute is unambiguous, however, no interpretation is required and the plain meaning of the words controls. 1 The term attach means to make fast (as by tying or gluing) 2 ; to fasten by sticking, tying, etc. 3 ; to fasten, 1 Ingram v. Thrope, 747 A.2d 545, 547 (Del. 2000) (noting that [d]ictionary definitions of undefined terms can be useful in construing statutes). 2 Merriam-Webster s Online Dictionary (11th ed.). 3 Webster s New World College Dictionary (4th ed.). 2 secure or join. 4 It is clear that the word attach means something more than simply touching; rather, it implies some sort of fastening. The parties do not dispute the fact that McGrath s hand was merely resting on top of Acton s vehicle. Under the plain meaning of the statute, therefore, McGrath was not attached to Acton s vehicle and he did not violate § 4195. 5 Because McGrath was not attached to Acton s vehicle, § 4195 is not applicable to this case. At trial, however, the jury will be free to consider whether McGrath was contributorily negligent under common law principles. IT IS SO ORDERED. Very truly yours, _________________ oc: Prothonotary 4 The American Heritage Dictionary of the English Language (4th ed.). Accordingly, the Court need not determine whether McGrath was riding his bicycle at the time of this incident or whether the legislature intended § 4195 to be applied to the circumstances of this case. 5 3
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