Thomas v. Kiddie Kollege Inst., Corp.

Full title: SAMONE L. THOMAS, and EDWIN DESHIELDS, Individually and as Parents…

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: May 3, 2016

C.A. No. K13C-10-017 RBY (Del. Super. Ct. May. 3, 2016)

Opinion

C.A. No. K13C-10-017 RBY

05-03-2016

SAMONE L. THOMAS, and EDWIN DESHIELDS, Individually and as Parents, Guardians and Next Friends of NAVAEH DESHIELDS, a Minor Child, Plaintiffs, v. KIDDIE KOLLEGE INSTITUTE, a Delaware Corporation, Defendant.

Robert B Young J.

In and For Kent County

ORDER

Samone L. Thomas and Edwin DeShields ("Plaintiffs") sued for the alleged abuse and neglect of their minor daughter while under the care of Kiddie Kollege Institute ("Defendant"). Defendant moves for partial summary judgment on the basis that no evidence exists to support Plaintiffs' claims of abuse, and that the alleged abuse happened, if at all, outside the scope of employment by Defendant. In response, Plaintiffs argue that both points are factual questions for the jury.

Pursuant to this Court's Opinion dated May 2, 2016, the large bulk of proposed evidence is admissible. Hence, fact questions remain regarding the issues raised in Defendant's motion for partial summary judgment. Therefore, summary judgment is not appropriate.

For the foregoing reasons, Defendant's motion for partial summary judgment is DENIED.

SO ORDERED this 3^rd day of May, 2016

/s/ Robert B Young

J. RBY/dsc
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