Davis v. State

OPINION

Raucci, J.

This matter comes before us on the Respondents motion to dismiss for failure of the Claimant to exhaust his remedies by not bringing a civil action against the driver of the vehicle, in which Claimant was a passenger at the time Davis collided into a concrete wall as a result of taking evasive action to prevent collision with a State police car at an intersection.

We have considered the briefs and oral arguments of the parties and proceed to decide the issue presented to us.

Respondents position is best summarized by the following statement from its reply brief:

“The essence of…