Chesapeake Utilities Corporation v. Hopkins

HERRMANN, Chief Justice:

In this negligence action, the defendant Chesapeake Utilities Corporation (hereinafter “Chesapeake”) appeals the denial of its motion to dismiss the complaint of the plaintiff John W. Hopkins (hereinafter “Hopkins”) which was based upon the doctrine of civil death.

Hopkins is a convicted felon, presently imprisoned. In denying Chesapeake’s motion, the Superior Court rejected its contentions and held that the doctrine of civil death is not a part of the law of Delaware; that Hopkins has the capacity to maintain his personal injury action despite his felony convictions;…