Rochester v. Katalan

DUFFY, Justice.

In this medical malpractice action for wrongful death the Superior Court granted summary judgment for defendants and plaintiff appeals.

I

First, plaintiff contends that the Court below erred in considering a report, submitted by a defendant, of an investigation into decedent’s death prepared by the Attorney General’s Office and addressed to “Members of the New Castle County Grand Jury”, because it was hearsay.

Assuming arguendo that consideration of the document was legally impermissible in light of Superior Court Civil Rule 56, Del.C.Ann., plaintiff has failed to establish…