Pugh v. Slover

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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEITH D. PUGH, Plaintiff-Below, Appellant, v. SCOTT SLOVER, Defendant-Below, Appellee. § § § § § § § § § § § No. 473, 2014 Court Below: Superior Court of the State of Delaware, in and for New Castle County C.A. No. 09C-07-255-MMJ Submitted: May 13, 2015 Decided: May 14, 2015 Before STRINE, Chief Justice; HOLLAND and VALIHURA, Justices. ORDER The sole claim raised by the appellant in this appeal is that the Superior Court erred by instructing the jury that if it concluded that the appellee, Scott Slover, was in an emergency situation, the circumstances of that situation should be taken into account in determining whether Slover breached the relevant standard of care. For the reasons articulated by the Superior Court in its memorandum opinion dated August 12, 2014 denying appellant’s motion for a new trial,1 the Superior Court’s decision to issue the jury instruction was proper. 1 Pugh v. Davis, 2014 WL 4057772 (Del. Super. Aug. 12, 2004). 1 NOW, THEREFORE, IT IS HEREBY ORDERED that the August 12, 2014 judgment of the Superior Court dismissing appellant’s motion for a new trial is AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2

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