IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
DEBORAH GRIFFITH,
Plaintiff,
v. C.A. NO.: N17C-O3-011 AML
ENERGY INDEPENDENCE, LLC
JAMES WATSON, and
SOUTHLAND INSULATORS OF
DELAWARE, LLC d/b/a
DELMARVA INSULATION
COMPANY,
Defendants.
\/\/\/\ /\_/\ /\/\/\/\/\/\/\/\/
Submitted: September 15, 2017
Decided: December 13, 2017
MEMORANDUM OPINION
Upon Defendants’ Motion to Dismiss, Granted in part
Robert C. Collins II, Esq. of SCHWARTZ & SCHWARTZ, Dover, DelaWare,
Raeann Warner, Esq. of JACOBS & CRUMPLAR, P.A., Wilmington, Delaware;
Attorneys for Plaintij€.
Patrick M. McGrory, Esq., and Jason J. Cummings, Esq. of TIGI-[E &
COTTRELL, P.A., Wilmington, Delaware; Attorneysfor Energy Independence
and James Watson.
J. LeGROW
In August 2011, Energy Independence (“Energy”) and its agent James
Watson (collectively, the “Moving Defendants”) supervised the insulation and
encapsulation of Deborah Griffith’s (“Plaintiff’) crawlspace. Energy
subcontracted With Southland Insulators (“Southland”), a separate entity and non-
moving defendant, to perform the actual Work. Southland completed the Work
Without a dehumidifler or any other form of moisture-prevention Plaintiff alleges
moisture in the crawlspace promoted mold growth that caused her to contract lung
disease. Plaintiff brought suit for breach of contract, negligence, breach of the
implied Warranty of good quality and Worl