Legal Opinion

Volkswagen of America, Inc. v. Costello

Supreme Court of Delaware

Decided July 11, 2005No. 306,2004PublishedCited by 7 opinions

1Opinion of the Court

STEELE, Chief Justice:

In this slip and fall case, Volkswagen of America Inc. (VW) appeals a decision of the Superior Court denying its motion for judgment as a matter of law. VW claims that, based on the trial judge’s earlier grant of partial summary judgment, the jury was precluded from finding that the company created the “dangerous condition” that caused Appellee William Costello’s injuries. VW also contends that the trial judge erred by fading to instruct the jury on the law of premises liability applicable to out-of-possession landowners. Based on the competing evidence presented at…

2Cases cited6 opinions

  1. Culver v. BennettSupreme Court of Delaware · 1991
  2. Bullock v. StateSupreme Court of Delaware · 2001
  3. Saudi Basic Industries Corp. v. Mobil Yanbu Petrochemical Co.Supreme Court of Delaware · 2005
  4. Mazda Motor Corp. v. LindahlSupreme Court of Delaware · 1998
  5. Craig v. A.A.R. Realty Corp.Superior Court of Delaware · 1989

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3Cited by7 opinions

  1. Chase v. WAP Cleveland Avenue, L.L.C.Superior Court of Delaware · 2017
  2. Colella v. GGP, Inc.Superior Court of Delaware · 2021
  3. Express Scripts, Inc. v. Bracket Holdings CorpSupreme Court of Delaware · 2021
  4. LCT Capital, LLC v. NGL Energy Partners LPSupreme Court of Delaware · 2021
  5. LCT Capital, LLC v. NGL Energy Partners LPSupreme Court of Delaware · 2021

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