Ken-Crest Services, Inc. v. Shively
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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEN-CREST SERVICES, INC., a Pennsylvania corporation, Defendant BelowAppellant, v. DANIEL SHIVELY and KURT SHIVELY, SR., Plaintiffs BelowAppellees. § § § § § § § § § § § § § No. 89, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 96C-05-316 Submitted: February 27, 2001 Decided: March 14, 2001 Before VEASEY, Chief Justice, HOLLAND, and STEELE, Justices. ORDER This 14th day of March 2001, it appears to the Court that: (1) The defendant below, Ken-Crest Services, Inc., has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court dated January 26, 2001. The Superior Court s ruling denied Ken-Crest s motion for summary judgment. Among other things, the Superior Court held that Ken-Crest, which provides residential facilities and support services to mentally impaired residents, owed a duty to the plaintiffs to take reasonable measures to protect them from a dangerous resident in Ken- Crest s facility and to warn them of that resident s reasonably foreseeable dangerous propensities. (2) On February 23, 2001, the Superior Court refused to certify an interlocutory appeal to this Court. (3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases. (4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused. NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED. BY THE COURT: /s/ Randy J. Holland Justice -2-
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