Shahin v. Boney

IN THE SUPREME COURT OF THE STATE OF DELAWARE
NINA SHAHIN, §
§ No. 425, 2018
Appellant Below, §
Appellant, § Court Below: Superior Court of the
§ State of Delaware
v. §
§ C.A. No. K17A-12-004
DOVER POLICE OFFICER DALE §
BONEY, §
§
Appellee Below, §
Appellee. §
Submitted: December 28, 2018
Decided: February 26, 2019
Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
Upon review of the parties’ briefs, the Superior Court record, and the record
from the Court of Common Pleas, it appears to the Court that:
(1) The appellant, Nina Shahin, filed a complaint in the Court of Common
Pleas against Dover Police Officer Dale Boney and State Farm Mutual Insurance
Company (“State Farm”). The complaint arose out of a traffic ticket that Shahin
received from Officer Boney when Shahin was involved in a minor traffic accident
in the parking lot of a grocery store in Dover. Shahin claimed that Officer Boney
gave her the ticket when the circumstances of the accident warranted the other party
to the accident receiving the ticket. Shahin also alleged that Officer Boney
fabricated the police report, which caused State Farm to deny Shahin’s claim for
reimbursement for damages caused to her vehicle in the accident.
(2) By order dated April 13, 2016, the Court of Common Pleas dismissed
Shahin’s complaint against Officer Boney after finding that Officer Boney was
immune from liability under the County and Municipal Tort Claims Act.1 By order
dated July 19, 2016, the Court of Common Pleas denied Shahin’s motion to alter or
amend the April 13, 2016 judgment.2
(3) Following the dismissal of the complaint against Officer Boney, Shahin
and State Farm filed cross-motions for summary judgment. The Court of Common
Pleas denied Shahin’s motion and granted summary judgment to State Farm. The
court then denied Shahin’s motion for reargument of the order granting summary
judgment to State Farm and Shahin’s motion for relief from the denial of the motion
for reargument.
(4) Shahin appealed to the Superior Court. By order dated June 6, 2018,
the Superior Court affirmed the judgment of the Court of Common Pleas.3 The court
also denied Shahin’s motion for reconsideration of the June 6, 2018 order.
(5) On appeal in this Court, Shahin challenges the Court of Common Pleas’
dismissal of her complaint against Officer Boney. We apply the same standard of
1
2016 WL 3152575 (Del. Com. Pl. April 13, 2016).
2
2016 WL 5660318 (Del. Com. Pl. July 19, 2016).
3
2018 WL 2733372 (Del. Super. June 6, 2018).
2
review as the Superior Court and review independently the underlying decision of
the Court of Common Pleas.4
(6) Upon de novo review, we find no error in the Court of Common Pleas’
dismissal of the complaint against Officer Boney for failure to state a claim, and we
find no error in the Court of Common Pleas’ denial of Shahin’s motion to alter or
amend the judgment. Shahin’s complaint did not allege that Officer Boney caused
personal injury, property damage, or death. For that reason, Officer Boney was
immune from liability under the County and Municipal Tort Claims Act.5
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
4
Hicklin v. Onyx Acceptance Corp., 970 A.2d 244, 248 (Del. 2009).
5
10 Del. C. § 4011(c) (Supp. 2019).
3