Opinion
No. 77 2013.
2013-03-4
Marie SMITH, Plaintiff Below, Appellant, v. Harry GREIF and Harry's Transport, Inc., a foreign corporation, Defendants Below, Appellees.
Court Below—Superior Court of the State of Delaware, in and for New Castle County, C.A. No. N11C–06–098.
Before BERGER, JACOBS, and RIDGELY, Justices.
ORDER
JACK B. JACOBS, Justice.
This 4th day of March 2013, it appears to the Court that:
(1) The plaintiff-appellant, Marie Smith, has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, entered January 24, 2013, which denied plaintiff's motion to exclude the testimony of defendant's biomechanical expert at trial.
(2) Plaintiff filed her application for certification to take an interlocutory appeal in the Superior Court on February 4, 2013. The Superior Court denied the certification application on February 21, 2013.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court. 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.