Opinion
C.A. No. 08C-05-050 CLS.
May 24, 2011.
On Defendant Capuchin Franciscan Friars Province of the Sacred Stigmata of St. Francis' Motion for Summary Judgment to Preclude an Award of Punitive Damages. DENIED.
ORDER
Upon consideration of the Defendant Capuchin Franciscan Friars Province of the Sacred Stigmata of St. Francis' motion for summary judgment to preclude an award of punitive damages and Plaintiff's response in opposition, the motion is DENIED. Similar motions were raised in Sheehan v. Oblates of St. Francis de Sales, et al. and, based on this Court's previous rulings, an issue of fact remains as to whether the conduct of the Defendant rose to the level of reckless, intentional, or malicious to permit a jury to award punitive damages. Therefore, the motion is denied.
Del. Super., C.A. No. 07C-11-234, Scott, J. (Nov. 10, 2009).
IT IS SO ORDERED.