Sherman v. Ellis
Annotate this CasePlaintiff-Appellant Dean Sherman appealed a superior court's grant of summary judgment in favor of Defendant-Appellee Stephen P. Ellis, Esquire. The appeal presented two issues: (1) whether the traditional “but for” test for proximate cause applied in a “transactional” legal negligence case, or whether it is sufficient that the alleged negligence creates an increased risk of future damages; and (2) whether the evidence satisfied the summary judgment requirement that there be no genuine issue as to any material fact. As to the first issue, the Delaware Supreme Court concluded the traditional “but for” test, not a risk of future damages test, was the appropriate test for determining proximate cause. As to the second issue, the Court concluded the evidence, viewed in the light most favorable to Sherman, raised a genuine issue of material fact, and that summary judgment should have been denied. This second conclusion required that the superior court's judgment be reversed and the case remanded for further proceedings.
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