Dudsak v. Koester

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
Joanne Dudsak and Kelly Anne Muscle, )
)
Plaintiff, )
)
v. ) C.A. No.: N23C-08-135 FJJ
)
Christopher Koester, Larissa Jones and )
New Jersey Manufacturers Ins. Co., )
)
Defendants. )

ORDER
1. Defendants have moved for summary judgment on the issue of whether

plaintiffs may introduce at trial as part to their special damages those amounts paid

by New Jersey Manufacturers pursuant to a PIP policy issued in New Jersey

covering plaintiffs.

2. In a related Court of Chancery action the Court has just issued a

decision in Allstate Insurance Company v. New Jersey Manufacturers Insurance

Company vacating a subrogation award in favor of NJM against Allstate the

insurance carrier for the defendants in this case.

3. It is well settled Delaware law that an out of state plaintiff is not subject

to the evidentiary strictures of 21 Del. C. §2118 (h).1

1
Reed v. Hoffecker, 616 A.2d 835 (Del. 1992).
4. Plaintiffs may introduce special damages even if some of those

damages were paid by NJM under the NJM NJ PIP policy.

5. Defendants’ Motion is DENIED.

IT SO ORDERED this 1st day of October, 2024.

/s/ Francis J. Jones, Jr.
Francis J. Jones, Jr., Judge

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