Kananen v. Alfred I. DuPont Institute of the Nemours Foundation

MEMORANDUM OPINION

DEL PESCO, J.

Before this Court is an issue of first impression in Delaware: whether a hospital owes a duty to a non-patient bystander to warn her of the risk of fainting while observing a procedure in the emergency room. Defendant filed a motion for summary judgment alleging that it did not have a duty to a non-patient. Plaintiffs filed a cross-motion for summary judgment alleging that the defendant committed health care medical negligence as a matter of law.

*2Factual Background

Plaintiff Hope Kananen1 (“Kananen”) took her three year old daughter to the Emergency Room at…