Opinion
C.A. No. 08C-10-237 ASB.
Submitted: December 17, 2009.
Decided: January 8, 2010, Corrected: January 11, 2010.
Upon Plaintiff's Motion for Re-Argument on Defendants, American Premier Underwriters, Inc. And Consolidated Rail Corporation's Motion for Judgment on the Pleadings and/or Motion for Leave to Amend the Complaint .
DENIED.Louis F. D'Onofrio, Esquire, Jacobs Crumplar, P.A., Wilmington, Delaware, Attorneys for Plaintiff.
Somers S. Price, Jr., Esquire, Potter Anderson Corroon LLP., Wilmington, Delaware, Attorneys for Defendants American Premier Underwriters, Inc. And Consolidated Rail Corporation.
ORDER
1. In a ruling from the bench on July 30, 2009, the Court granted defendants American Premier Underwriters and Consolidated Rail Corporation's joint Motion for Judgment on the Pleadings on all counts of Plaintiff Carolyn J. Shumate's complaint. Plaintiff has moved for reargument.
2. The purpose reargument is to permit reconsideration of findings of fact, conclusions of law, or judgment of law. Reargument usually will be denied unless the moving party demonstrates that the Court overlooked a precedent or legal principle that would have a controlling effect, or that it has misapprehended the law or the facts in a manner affecting the outcome of the decision. "A motion for reargument should not be used merely to rehash the arguments already decided by the court."
Hessler, Inc. v. Farrell, 260 A.2d 701, 702 (1969).
Wilmington Trust Co. v. Nix, 2002 WL 356371 (Del. Super.); Whitsett v. Capital School District, Del. Super., C.A. No. 97C-04-032 Vaughn, J. (Jan. 28, 1999); Monsanto Co. v. Aetna Casualty Surety Co., Del. Super., C.A. No. 88-JA-118, Ridgely, P.J. (Jan. 14, 1994).
3. Plaintiff has not specified any basis for reargument. Plaintiff has failed to demonstrate that the Court overlooked a precedent or legal principle that would have a controlling effect, or that it misapprehended the law or the facts in a manner affecting the outcome of the decision. THEREFORE, Plaintiff's Motion for Re-Argument on Defendants, American Premier Underwriters, Inc. And Consolidated Rail Corporation's Motion for Judgment on the Pleadings and/or Motion for Leave to Amend the Complaint is hereby DENIED.
There being no just cause for delay, this Order is entered as a final judgment pursuant to Superior Court Rule 54(b).
IT IS SO ORDERED.