Millman v. Town of Milton

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JESSE MILLMAN, Husband and Administrator of the Estate of ELIZABETH MILLMAN, and Father and Administrator of the Estate of TAMARA WIERS, Plaintiffs Below, Appellants, No. 450, 1999 Court Below: Superior Court of the State of Delaware in and for Sussex County C.A. No. 98C-06-003 v. TOWN OF MILTON and TOWN OF MILTON POLICE DEPARTMENT, Defendants Below, Appellees. Submitted: April 18, 2000 Decided: April 18, 2000 Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices. ORDER This 18th day of April 2000, it appearing from the briefs submitted by the parties and the record in the Superior Court that the judgment of the Superior Court entered September 9, 1999, upon the grant of summary judgment for defendants-appellees should be affirmed on the basis that recovery here is barred by the public duty doctrine set forth in Castellani v. Delaware State Police, Del. Super., C.A. No. 97C-08-040 RRC, Cooch, J. (July 15, 1999) (ORDER); aff d, Del. Supr., No. 344, 1999, Holland, J. (Dec. 9, 1999) (ORDER), NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: E. Norman Veasey Chief Justice 2

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