Segal McCambridge Team Obtains Dismissal in Delaware Inland Marine Tort Case

News

October 15, 2014

Segal McCambridge attorneys Christopher McGowan and Misty Martin obtained a dismissal with prejudice for Maritime Delaware, LLC d/b/a Delaware City Marina, a large marina, in the Court of Common Pleas of the State of Delaware, New Castle County. Plaintiff claimed the marina was negligent after the plaintiff’s boat was found submerged in the water, allegedly resulting in a total loss. Segal McCambridge filed a motion to dismiss arguing Plaintiff’s claims were barred by the statute of limitations and an exculpatory clause found in the storage agreement between the boat owner and the marina. Plaintiff argued the claim was within the statute of limitations pursuant to 18 Del.C. 3914 which tolls the statute until notice of any limitations period is given to claimants. Segal McCambridge successfully argued that 18 Del.C. 3914 only applies to insurance companies and, as such, does not preclude Delaware City Marina from asserting the statute of limitations as a defense. After Segal McCambridge briefed the issue and provided further oral argument at the hearing, Plaintiff voluntarily withdraw his claim and dismissed the action, with prejudice.