Delmarva Power & Light Co. v. Dru B. Smith and Blevins Inc. v. Verizon Delaware, LLC. v. Comcast Cable Communications, LLC.
CPU4-16-003020
| Del. Ct. Com. Pl. | Apr 20, 2017Background
- A Delmarva Power utility pole's wires were struck by a truck owned by Blevins, Inc. and driven by Dru B. Smith; Delmarva sued asserting the wires belonged to Verizon and were too low.
- Verizon denied having overhead wires at the location and disclaimed liability to Delmarva in its answer.
- Verizon filed crossclaims against co-defendants and a third-party complaint impleading Comcast, alleging Comcast actually owned the wires and seeking indemnity/contribution.
- Comcast moved to dismiss Verizon's third-party complaint under Civ. R. 12(b)(6) and Rule 14(a), arguing Verizon cannot seek indemnity because Verizon has disclaimed liability to the plaintiff and has no relationship with Comcast giving rise to indemnity.
- The court considered whether implied indemnification was pled and whether Rule 14(a) permits Verizon to implead Comcast when Verizon disclaims any liability to Delmarva.
- The court granted Comcast's motion and dismissed Comcast from the action.
Issues
| Issue | Verizon's Argument | Comcast's Argument | Held |
|---|---|---|---|
| Whether Verizon sufficiently pled implied indemnification from Comcast | Verizon: Comcast was the actual wrongdoer so Verizon is entitled to implied indemnity despite no express contract | Comcast: Implied indemnity requires a contractual/quasi-contractual relationship or other relation; none exists here | Denied — pled facts did not support implied indemnity; indemnity between strangers not permitted |
| Whether Rule 14(a) permits impleader where the third-party plaintiff disclaims liability to the original plaintiff | Verizon: Comcast can be impleaded because Comcast is the real tortfeasor; Delmarva could have sued Comcast directly | Comcast: Rule 14(a) requires that the third-party defendant be potentially liable to the third-party plaintiff for the plaintiff's claim; Verizon disclaimed liability so no derivative liability exists | Denied — because Verizon disclaimed any liability to Delmarva, there is no scenario where Comcast could be liable to Verizon; impleader is improper |
Key Cases Cited
- Battista v. Chrysler Corp., 454 A.2d 286 (Del. Super. 1982) (standard for treating pleadings as true on a 12(b)(6) motion)
- Nesmith v. Lynn, 377 A.2d 352 (Del. 1977) (third-party defendant must be one who "is or may be liable" to the third-party plaintiff for all or part of the plaintiff's claim)
- Spence v. Cherian, 135 A.3d 1282 (Del. Super. 2016) (discussing grounds for dismissal of third-party complaints and limits on impleader)