Legal Opinion

Simpson v. Colonial Parking, Inc.

Supreme Court of Delaware

Decided February 13, 2012No. 396, 2011PublishedCited by 2 opinions

1Opinion of the Court

JACOBS, Justice:

Robert E. Simpson (“Simpson”), the plaintiff-below, appeals from the Superior Court’s grant of summary judgment in a personal injury tort action in favor of the defendant-below, Colonial Parking (“Colonial”). Simpson claims that the Superior Court erred by holding that he was a trespasser, and not a licensee, when he used Colonial’s parking lot as a short cut while riding his bicycle. Because commercial property owners/occupiers are held to the same common law standard whether or not the claimant is a licensee or a trespasser — namely, to refrain from willful and wanton…

2Cases cited9 opinions

  1. Williams v. GeierSupreme Court of Delaware · 1996
  2. Maher v. VossSupreme Court of Delaware · 1953
  3. Berns v. DoanSupreme Court of Delaware · 2008
  4. DiSabatino Brothers, Inc. v. BaioSupreme Court of Delaware · 1976
  5. Acton v. Wilmington and Northern R. Co.Supreme Court of Delaware · 1979

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3Cited by2 opinions

  1. Biggs v. HallSuperior Court of Delaware · 2021
  2. Chase v. WAP Cleveland Avenue, L.L.C.Superior Court of Delaware · 2017

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