Narrative Opinion Summary
In a case before the Superior Court of Delaware, the plaintiff filed a complaint alleging that the defendant, or someone operating her vehicle, caused a vehicular collision resulting in injuries. The plaintiff's initial action was dismissed due to improper service, but she refiled after the statute of limitations had expired. The defendant moved to dismiss the case based on the expiration of the statute of limitations. However, the court applied Delaware's Savings Statute, 10 Del. C. 8118, allowing the refiled action to proceed, as the initial case was dismissed 'without prejudice.' Additionally, the defendant's motion to quash service was denied. The court found that service on the defendant was effectively executed through her niece at a temporary residence in New Jersey, as permitted by Rule 4(f)(1)(l) and the Delaware Long Arm Statute. The court relied on the process server's affidavit, which confirmed the niece was of suitable age and discretion to accept service. Consequently, the court ordered the defendant to respond to the complaint within 20 days, rejecting the arguments regarding statute of limitations and improper service.
Legal Issues Addressed
Application of Savings Statute under 10 Del. C. 8118subscribe to see similar legal issues
Application: The court applied the Savings Statute to allow the plaintiff's complaint to proceed despite the expiration of the statute of limitations, considering the prior dismissal as 'without prejudice' and not on the merits.
Reasoning: The Court clarified that a dismissal under Delaware Superior Court Civil Rule 41 is 'without prejudice' and not on the merits, thus applicable for remedy under the Savings Statute.
Service of Process under Delaware Long Arm Statute 10 Del. C. 3104subscribe to see similar legal issues
Application: Service of process was ruled proper under the Long Arm Statute as it was executed at the Defendant's temporary dwelling, satisfying the requirements for out-of-state service.
Reasoning: The Defendant's argument regarding improper service under the Delaware Long Arm Statute, 10 Del. C. 3104, is addressed; the statute allows for service outside the state through personal delivery in accordance with in-state service rules.
Service of Process under Rule 4(f)(1)(l)subscribe to see similar legal issues
Application: Service was deemed effective based on the process server's affidavit that the Defendant's niece, who was of suitable age and discretion, accepted service at the Defendant's temporary residence.
Reasoning: The Court accepts the process server's affidavit, which states that Ms. Wright identified herself as over 18 years old and appeared to be so, regardless of her actual age.