Broesler v. Wardens

Full title: REVERED ROBERT J. BROESLER, Plaintiff, v. THE WARDENS AND VESTRY OF ST…

Court: Superior Court of Delaware, New Castle County

Date published: Jun 30, 2011

C.A. No. 10C-04-222 FSS (Del. Super. Ct. Jun. 30, 2011)

Opinion

C.A. No. 10C-04-222 FSS.

Submitted: March 7, 2011.

Decided: June 30, 2011.

Defendants' Motion for Reargument — DENIED.

ORDER

FRED S. SILVERMAN, Judge.

1. Defendants contend it was a mistake to group all the defendants together for the breach of contract claim. Defendants correctly point out the Bishop who suspended Plaintiff "is different and separate from the defendant alleged to have ceased paying him (the church and Vestry)."

2. Although the complaint did not clearly allege that the Bishop, who is the head of the Episcopal Diocese of Delaware, was Plaintiff's employer, Plaintiff did allege that the Bishop signed the employment agreement. At this stage, that is enough for Plaintiff to pursue some discovery. To be clear, this ruling does not foreclose the possibility of summary judgment for the Bishop if discovery proves fruitless.

3. For the foregoing reasons, Defendants' March 7, 2011 Motion For Reargument is DENIED. IT IS SO ORDERED.