Opinion
Civil Action No. 07C-02-139.
May 20, 2008.
Rochelle L. Gumapac, Esquire, Reger Rizzo Kavulich Darnall LLP, Wilmington, DE.
Roger D. Landon, Esquire, Murphy Spadaro Landon, Wilmington, DE.
Chase T. Brockstedt, Esquire, Bifferato Gentilotti, Lewes, DE.
Jonathan B. O'Neill, Esquire, Kimmel Carter Roman Peltz, P.A., Newark, DE.
Counsel,
This is a personal injury action arising from an automobile accident between Plaintiff Henry Fortney and Defendant Ryan Townley ("Townley"). Pending before the Court is Plaintiffs' Motion to Amend the Complaint, filed on February 22, 2008. Plaintiffs have sought leave to amend in order to add DP, Inc. as a defendant.
The Court held a hearing on the Motion on March 13, 2008. According to counsels' representations, Townley was working as a Domino's Pizza delivery driver at the time of the accident. Despite suing various Domino's Pizza corporate entities, Plaintiffs apparently failed to include DP, Inc., which is the specific entity that actually employed Townley. The primary issue before the Court is whether or not the proposed amendment will relate back to the date that the complaint was filed.
During the course of the hearing, counsel indicated that DP, Inc.'s insurance carrier may concede that Townley is covered under the insurance policy between the carrier and DP, Inc. Plaintiffs' counsel indicated that if coverage were conceded, the instant Motion would not be necessary. Accordingly, the Court requested the parties to notify the Court within sixty days if a ruling on the Motion was still necessary. As of the date of this correspondence, the parties have not contacted the Court to request a decision. Therefore, the Motion is hereby DISMISSED.