In a split decision, the Delaware Supreme Court ruled that a Superior Court erred in determining that a contractor was not at fault in a fatal accident in Sussex County.
The decision sent the case back to Superior Court.
This appeal involved a single-vehicle accident that occurred on Omar Road in Sussex County.
Ashlee Reed was the driver of the vehicle, and Jacqueline Pavik was her passenger. Reed was injured in the accident and Pavik died from injuries.
At the time, Omar Road was undergoing reconstruction. The accident occurred on a Sunday night when no construction was taking place and the road was open to the public.
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Reed and Pavik’s parents allege that the accident was caused by an unsafe road condition known as raveling that takes away part of the road surface prior to repaving.
Plaintiffs claimed the condition caused Reed to lose control of her vehicle and crash into trees off the roadway.
Reed and Pavik’s parents brought suit against a number of entities, but the appeal involves only George & Lynch, a Dover-based contractor.
Among the claims is that George & Lynch was negligent for failing to place adequate temporary traffic control signs or devices warning the public of road conditions.
Superior Court granted summary judgment in favor of George & Lynch, holding that it had no duty to post temporary traffic control signs.
Superior Court also determined that repair work that the Delaware Department of Transportation (DelDOT) performed on Omar Road on the day of the accident broke any link between George & Lynch’s alleged negligence and the accident.
