Francois v. Elom

IN THE SUPERIOR COUR'I` OF THE STATE OF DELAWARE AMANDA FRANCOIS, Plaintiff, C.A. No. NlSC-05-191 FWW v. LUCINDA T. ELOM, VVv\/\./VVVV\./ Defendant. Submitted: January 13 , 2017 Decided: January 17, 2017 Upon Defendant’s Motion for Summary Judgment: GRANTED. M Gary S. Nitsche, Esquire, Samuel D. Pratcher, III, Esquire, Weik, Nitsche & Dougherty, 305 North Union Street, Second Floor, P.O. BoX 2324, Wilmington, Delaware 19899; Attorneys for Plaintiff. Rachel D. Allen, Esquire, Casarino Christman Shalk Ransom & Doss, P.A., 405 North King Street, Suite 300, P.O. Box 1276, Wilmington, Delaware 19899; Attorney for Defendant. WHARTON, J. This 17th day of January 2017, upon consideration of Defendant Lucinda Elom’s Motion for Summary Judgment, Plaintiff Amanda Francois’ Response, argument, and the record in this matter, it appears to the Court that: l. On May 15, 2014, Plaintiff Was Walking her dog on the sidewalk in front of Elom’s residence.1 For a reason unknown to Plaintiff, Plaintiff decided to step off of the public sidewalk and onto Elom’s driVeWay.2 Plaintiff asserts that she fell on Elom’s driveway due to a crack in the driveway, and as a result, she sustained injuries to her right l