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Ken-Crest Services v. Shively

Supreme Court of Delaware
Mar 14, 2001
No. 89, 2001 (Del. Mar. 14, 2001)

Opinion

No. 89, 2001

Submitted: February 27, 2001.

Decided: March 14, 2001.

Court Below: Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 96C-05-316.

Before VEASEY, Chief Justice, HOLLAND, and STEELE, Justices.


ORDER

This 14th day of March 2001, it appears to the Court that:

(1) The defendant below, Ken-Crest Services, Inc., has petitioned this Court, pursuant to Supreme Court Rule 42, to appeal from an interlocutory ruling of the Superior Court dated January 26, 2001. The Superior Court's ruling denied Ken-Crest's motion for summary judgment. Among other things, the Superior Court held that Ken-Crest, which provides residential facilities and support services to mentally impaired residents, owed a duty to the plaintiffs to take reasonable measures to protect them from a dangerous resident in Ken-Crest's facility and to warn them of that resident's reasonably foreseeable dangerous propensities.

(2) On February 23, 2001, the Superior Court refused to certify an interlocutory appeal to this Court.

(3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases.

(4) In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused.

NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED.


Summaries of

Ken-Crest Services v. Shively

Supreme Court of Delaware
Mar 14, 2001
No. 89, 2001 (Del. Mar. 14, 2001)
Case details for

Ken-Crest Services v. Shively

Case Details

Full title:KEN-CREST SERVICES, INC., a Pennsylvania corporation, Defendant…

Court:Supreme Court of Delaware

Date published: Mar 14, 2001

Citations

No. 89, 2001 (Del. Mar. 14, 2001)