Essick v. Barksdale

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

This is a civil diversity suit stemming from an automobile accident in which plaintiffs’ decedent, Eva Smith, a citizen of Delaware, was killed when the car she was driving collided head-on with another car. Plaintiffs Beverly Essick and Mandil Smith, also citizens of Delaware, filed this action under 10 Del.C. § 3724, Delaware’s wrongful death statute. Plaintiffs initially sought recovery from the driver of the other vehicle, defendant Nelson Barksdale, a citizen of Texas, and his employer, defendant The Corporation of the…