DeMoss v. News-Journal Company
Cases that cite this one
10 later published cases cite this decision.
- McCann-Cross v. Dover EMS (Superior Court of Delaware 2025)
- Shearin v. E.F. Hutton Group, Inc. (Court of Chancery of Delaware 1994)
- Avallone v. Wilmington Medical Center, Inc. (United States District Court for the District of Delaware 1982)
- Gary v. Deluxe Corp. (United States District Court for the District of Delaware 2022)
- Cooper v. Cadia Pike Creek (Superior Court of Delaware 2021)
- Clouser v. Doherty (Del. 2017)
- Clouser v. Doherty (Del. 2017)
- Naples v. New Castle County (Superior Court of Delaware 2015)
- Cole v. Delaware League for Planned Parenthood, Inc. (Del. 1987)
- Chrisco v. Shafran (United States District Court for the District of Delaware 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The critical issue in this libel action is whether it is barred by the Statute of Limitations.
The relevant facts are undisputed: the allegedly libelous article was published on July 12, 1973, and plaintiff filed the complaint on May 28,1976, some two years and ten months later.
Plaintiff contends that the three-year statute of limitations in 10 DeLC. § 8106 * should govern the action because libel involves “an injury unaccompanied with force . . .” Defendant argues that the action is barred by 10 DeLC. § 8119 ** because it is a claim for “personal injuries” and thus is within the § 8119 two-year limitations period.
The Superior Court determined that § 8119 controlled and, for that reason, the *945 action was barred by plaintiff’s failure to comply with the time requirements of that statute.
The thoughtful and carefully researched opinion by Judge Wright in McNeill v. Tarumianz, D.Del., 138 F.Supp. 713 (1956), supports the Superior Court’s decision. Judge Wright noted that a libel action involves an injury “ ‘unaccompanied with force or resulting indirectly from the acts of the defendant’ ” (as specified in § 8106), but he went on to determine, after reference to Blackstone’s Commentaries, Kent’s Commentaries, and the decided cases, that a libel action is also included within the § 8119 term “personal injuries.” 138 F.Supp. at 716. He concluded that in such a case the two-year limitations period must control, on the grounds that § 8119 is “specifically set forth as a controlling exception to the general three year limitation period of 10 Delaware Code, Section 8106.” 138 F.Supp. at 715.
We agree with that analysis and conclusion, and we hold that the libel action before us is time barred.
Affirmed.
10 Del.C. § 8106 provides in part that
“[n]o action to recover damages for trespass . . . and no action to recover damagés caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action; subject, however, to the provisions of § . . . 8119 . . of this title.”
10 Del.C. § 8119 states in substance that: “[n]o action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 . years from the date upon which it is claimed that such alleged injuries were sustained
Case-law data current through December 31, 2025. Source: CourtListener bulk data.