Cunningham v. Outten
Superior Court of Delaware
2001 WL 428687 (2001)
Relevant factsFree
Outten (defendant) was convicted of inattentive driving after striking Cunningham's (plaintiff's) car, and Cunningham moved for partial summary judgment on Outten's civil negligence liability, arguing her criminal conviction had already established it; Outten opposed, noting the traffic conviction never required any finding on whether her inattentiveness actually caused Cunningham's specific injuries or on comparative fault.
IssueFree
Whether conviction for a moving vehicle violation establishes the defendant's liability for civil negligence, if the conviction does not require a determination of causation of harm to the plaintiff or comparative negligence.
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