Furman v. DE Dept. of Transportation
Annotate this CaseThis case stemmed from plaintiff's complaint against DelDOT, alleging that DelDOT was grossly negligent in failing to observe its duty to maintain a safe roadway. On appeal, plaintiff argued that the trial court improperly dismissed the complaint because the court relied upon an affidavit extrinsic to the complaint without affording him an opportunity for discovery. The court held that because the Superior Court considered matters outside the pleadings, it erred by applying the Rule 12(b)(6) motion to dismiss standard instead of converting the motion to, and treating it as, a motion for summary judgment. Therefore, the court reversed and remanded for the trial court to reconsider the motion under the Rule 56 summary judgment standard.
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