Cunningham v. Outten, No. Civ. A.

97C-10-014WLW, 2001 WL 428687 (Del. Super. March 26, 2001)

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Nature of the Case

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Facts

P's car was struck by a vehicle driven by D. In this civil action, P alleges that he suffered injuries in the collision which occurred because of P's negligence. D was charged with 'Inattentive Driving,' in violation of 21 Del. C. § 4176(b). On October 21, 1996, this charge was tried before the Court of Common Pleas and was found guilty of 'Inattentive Driving.' P moved for partial summary judgment on the issue of liability. P claims that based on the conviction for 'Inattentive Driving,' D should be collaterally estopped from denying negligence and liability. D concedes that the conviction for inattentive driving cannot be relitigated, but argues that the Court of Common Pleas' decision is not dispositive as to liability because the causation issue is outstanding and must be determined by the fact finder.