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Sinnott v. Thompson, 2011 WL 5569447 (Del.).

In this choice of law decision, the Delaware Supreme Court affirmed the trial court's denial of defendants' motion for summary judgement. The case arose from a single-vehicle accident caused by a Delaware resident in North Carolina, while operating a motor vehicle registered in Delaware. Plaintiffs' Complaint asserted a claim for personal injuries against the driver and negligent entrustment against the vehicle's owner. The Court held that Delaware law applied to both causes of action. As to the personal injury claim, although the accident occurred in North Carolina, the Court found North Carolina's doctrine of contributory negligence (which functions as a complete bar to recovery in negligence actions) repugnant to the settled public policy of Delaware. The Court also found that Delaware law applied to the negligent entrustment claim reasoning that the initial entrustment of the vehicle, which led to the operation of the vehicle in North Carolina, occurred in Delaware.


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