Furman v. Delaware Department of Transportation

JACOBS, Justice:

Jeffrey Furman (“Furman”), the plaintiff-below, appeals from a Superior Court order dismissing his complaint against the defendant-below, Delaware Department of Transportation (“DelDOT”) on the ground that sovereign immunity barred the action. On appeal, Furman argues that the trial court improperly dismissed the complaint, because the court relied upon an affidavit extrinsic to the complaint, without affording him an opportunity for discovery. Because the Superior Court considered matters outside the pleadings, it erred by applying the Rule 12(b)(6) motion to dismiss standard…