Opinion
No. 41, 2002
Submitted: January 7, 2003
Decided: January 10, 2003
Court Below-Superior Court of the State of Delaware, in and for Kent County C.A. No. 97C-12-020
Affirmed.
Unpublished opinion is below.
PENNY JEAN MALAFRONTI, JOSEPH DANIELS and WANDA MALAFRONTI, each individually and as Personal Representatives of the Estate of TIMOTHY RYAN MALAFRONTI, Plaintiffs Below-Appellants, v. BAYHEALTH MEDICAL CENTER, INC. f/k/a KENT GENERAL (INCORPORATED) a/k/a KENT GENERAL HOSPITAL, OB-GYN ASSOCIATES OF DOVER, P.A., ROBERT H. RADNICH, M.D., NANCY HARDY, C.N.M., Defendants Below-Appellees. No. 41, 2002 In the Supreme Court of the State of Delaware. Submitted: January 7, 2003 Decided: January 10, 2003
Before VEASEY, Chief Justice, WALSH, and BERGER, Justices.
Joseph T. Walsh, Justice:
ORDER
This 10th day of January 2003, upon consideration of the briefs of the parties and a full review of the record, the Court concludes that the judgment of the Superior Court should be affirmed on the basis of the rulings contained in the Superior Court decision denying appellants' motion for a new trial. We agree with the Superior Court that defense counsel did not mislead the jury in his summation. To the extent that defense counsel exceeded the bounds of appropriate comments, and objection was made, the trial court appropriately instructed the jury and we find no prejudice resulting therefrom.
With respect to appellants' claim directed to the admissibility of expert testimony, we note that appellant never requested a Daubert hearing at trial. Nor did the appellant seek relief in the Superior Court for any presently asserted claim of tampering with court exhibits. Accordingly, we decline to review those claims since they were not fairly presented to the trial court and there is no basis for considering such claims as plain error. Supr.Ct.R. 8.
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) adopted by this Court in M.G. Bancorporation, Inc. v. LeBeau, 737 A.2d 513 (Del. 1999).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is,
AFFIRMED.