Delaware Supreme Court Rules in Favor of Roadway Construction Contractor in Delaware Personal Injury Claim

Arthur D. Kuhl, Partner in Reger Rizzo & Darnall's Insurance Practices Group and our Delaware Office Managing Partner, recently obtained summary judgment for a roadway construction contractor in connection with a significant personal injury claim (Hales v. Pennsy Supply, et. al. Del Supreme Court May 13, 2015). Following appeal, the Delaware Supreme Court upheld the dismissal of all claims against our client.

The decision was significant because it upheld the doctrine that a road contractor who complies with the traffic control plan for a road construction site mandated by the Delaware Department of Transportation (DelDOT), cannot be held liable for injuries arising from the construction site configuration. The decision also set new precedent on the issue of the “borrowed servant doctrine” as applied to police officers performing traffic control duties at highway construction sites.