Sumpter v. Food Lion, LLC

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE CARLETTE SUMPTER, ) ) Plaintiff, ) ) v. ) C.A. No. N22C-06-035 FWW ) FOOD LION, LLC, ) ) Defendant. ) Submitted: July 20, 2022 Decided: August 1, 2022 Upon Defendant Food Lion, LLC’s Motion to Dismiss, DENIED.

ORDER

Carlette Sumpter, 1204 Terra Hill, Apt. 2B, Wilmington, DE 19809, Plaintiff, pro se.

William A. Crawford, Esquire, and Oleh V. Bilynsky, Esquire, FRANKLIN & PROKOPIK, 500 Creek View Road, Suite 502, Newark, Delaware 19711, Attorneys for Defendant Food Lion, LLC.

WHARTON, J.

This 1st day of August 2022, upon consideration of Defendant Food Lion, LLC’s (“Food Lion”) Motion to Dismiss,1 the response of Plaintiff Carlette Sumpter (“Sumpter”),2 and the record in this case, it appears to the Court: 1. Sumpter brings this action alleging she was injured on June 7, 2020 when she slipped on a piece of loose fruit on the floor of a Food Lion store.3 2. Food Lion moves to dismiss on statute of limitation grounds, arguing that the Complaint was filed on June 9, 2022, outside of the two-year statute of limitations for personal injury claims under 10 Del. C. § 8119.4 3. Sumpter responds contending that she actually hand-filed the Complaint with the Prothonotary on June 6th.

4. A motion to dismiss for failure to state a claim pursuant to Superior Court Rule 12(b)(6) will not be granted if the “plaintiff may recover under any reasonably conceivable set of circumstances susceptible of proof under the complaint.”5 The Court's review is limited to the well-pled allegations in the complaint.6 In ruling on a 12(b)(6) motion, the Court “must draw all reasonable

D.I. 8.

D.I. 11.

Compl., D.I. 1.

D.I. 8.

Browne v. Robb, 583 A.2d 949, 950 (Del. 1990).

Doe v. Cahill, 884 A.2d 451, 458 (Del. 2005). factual inferences in favor of the party opposing the motion.”7 Dismissal is warranted “only if it appears with reasonable certainty that the plaintiff could not prove any set of facts that would entitle him to relief.”8 5. It seems the confusion here lies with the date state stamp on the Complaint. It states that the Complaint was e-filed on June 9th.9 However, a Case History Search on File & ServeXpress reveals that the Complaint actually was filed on June 6th, within the statute of limitations. It appears that there was a delay between when Sumpter hand-filed the Complaint with the Prothonotary and when that office was posted it on File&ServeXpress.

THEREFORE, because the Complaint was filed within the statute of limitations, Food Lion, LLC’s Motion to Dismiss is DENIED.

IT IS SO ORDERED.

/s/ Ferris W. Wharton Ferris W. Wharton, J.

Id. Id. D.I. 1.