Hart v. ParkerAnnotate this Case
Appellants Nancy and Scott Hart sued Daniel Parker alleging tort damages from an automobile accident caused by Parker. Before the Harts filed their complaint, Parker passed away. The Harts were unsure as to whether Parker was still alive when they filed their complaint and named both Parker and the Estate of Daniel Parker (the “Estate”) as defendants. Appellee, the Estate, moved to dismiss the Harts’ complaint on numerous grounds. The Superior Court granted the Appellee’s motion, holding that the complaint was time-barred by 12 Del. C. 2102(a). On appeal, the Harts challenged the Superior Court’s order dismissing their claims against the Estate and argued that the Superior Court erred as a matter of law when it held that the Harts’ claims were time-barred by Section 2102(a). The Delaware Supreme Court concurred the Harts’ claims were not time-barred by Section 2102(a). The Court therefore reversed the dismissal, and remanded this matter back to the Superior Court for further proceedings.