Pavik v. George & Lynch, Inc.Annotate this Case
This appeal involved a single-vehicle accident that occurred on Omar Road in Sussex County, Delaware. Ashlee Reed was the driver; Jacqueline Pavik was her passenger. Reed was injured in the accident. Pavik died from injuries she received. At the time, Omar Road was undergoing reconstruction. The accident occurred on a Sunday night when no construction was taking place and the road was open to the public. Reed and Pavik’s parents alleged that the accident was caused by an unsafe road condition known as raveling, which caused Reed to lose control of her vehicle and crash into trees off the roadway. George & Lynch, Inc. (George & Lynch) was the general contractor in charge of construction. Reed and Pavik’s parents brought suit against a number of entities, but this appeal involved only George & Lynch. Among other things, the parents claimed George & Lynch was negligent for failing to place adequate temporary traffic control signs or devices warning the public of road conditions. The Superior Court granted summary judgment in favor of George & Lynch, holding that it had no duty to post temporary traffic control signs or devices warning about the condition of the road on the weekend the accident occurred, regardless of whether it anticipated that raveling would occur because of a predicted storm over the upcoming weekend. The Superior Court also held that certain repair work that the Delaware Department of Transportation (DelDOT) performed on Omar Road on the day of the accident broke any causal link between George & Lynch’s alleged negligence and the accident. The question before the Delaware Supreme Court was whether the Superior Court’s summary judgment analysis was legally correct. The Supreme Court concluded it was not and that the judgment of the Superior Court had to be reversed.