Bantum v. New Castle County Vo-Tech Education Ass'n
21 A.3d 44
| Del. | 2011Background
- Bantum sued NCVTSD and AAHS after slipping on an icy Howard High School parking lot during an AAHS event.
- NCVTSD had leased the premises to AAHS; Bantum alleges negligent maintenance, inspection, and warning.
- Section 1056(h) immunizes a school board from tort liability for damage resulting from maintenance when the property is used for non-public-school purposes.
- AAHS failed to provide insurance as required by the Facility Request Form, though the district permitted the event.
- Superior Court granted summary judgment for immunity; Bantum settled with AAHS and appealed challenging immunity for inspection/warning and waiver/estoppel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1056(h) immunity extends to failure to inspect and warn | Bantum contends immunity excludes failure-to-inspect/warn claims. | NCVTSD argues immunity covers maintenance-related negligence, including inspection/warning. | Immunity extends to failure to inspect and warn in these circumstances. |
| Whether NCVTSD waived or is estopped from asserting immunity | Bantum argues district failed to follow 1056(c) rule and thus waived immunity. | NCVTSD asserts no waiver or estoppel due to lack of clear intent and reliance. | No waiver or estoppel established. |
Key Cases Cited
- Waggoner v. Laster, 581 A.2d 1127 (Del.1990) (estoppel and waiver standards applied in Delaware)
- Pepsi-Cola Bottling Co. v. Pepsico, Inc., 297 A.2d 28 (Del.1972) (waiver/estoppel standards cited)
- AeroGlobal Capital Mgmt., LLC v. Cirrus Indus., Inc., 871 A.2d 428 (Del.2005) (Delaware rule on waiver and estoppel standards)
- U.S. Bank Nat. v. Swanson, 918 A.2d 339 (Del.2006) (tort/contract interpretation standards cited)