Hastings v. Hosler
N15C-12-242 ALR
| Del. Super. Ct. | Jan 3, 2018Background
- Plaintiffs Larry and Kathy Hastings and K & L Backhoe Services sued Nicole Hosler seeking $68,610.53 for unpaid loans and a $1,000 bond payment, alleging multiple loans made beginning in 2012.
- Defendant Hosler, self-represented, asserted incapacity due to drug addiction (intoxication) as a defense and indicated witnesses (her mother) would testify Plaintiffs knew she was intoxicated when agreements were made.
- Plaintiffs moved for summary judgment, arguing Hosler offered only evidence of a general addiction and not that Plaintiffs knew she was intoxicated at contract formation.
- Court review of loan documents revealed inconsistencies and missing information (lenders not listed, amounts not matching, signatures without lender/date/repayment terms) casting doubt on claimed balances.
- Hosler moved to compel discovery responses alleging Plaintiffs missed a discovery deadline; the court found both parties had produced discovery per an earlier order and denied Hosler’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contracts are voidable for intoxication | Hastings: Hosler produced only general evidence of addiction; no proof Plaintiffs knew she was intoxicated, so contracts are enforceable | Hosler: She was intoxicated when signing and Plaintiffs knew; witness testimony will corroborate | Court: Material fact dispute exists on intoxication and Plaintiffs’ knowledge; summary judgment denied |
| Whether loan amounts and lenders are supported by documents | Hastings: Attached loan documents establish amounts owed totaling Plaintiffs’ figure | Hosler: Documents are inconsistent/missing; amounts and lender identities are unclear | Court: Document inconsistencies create material factual disputes; summary judgment denied |
| Whether Plaintiffs met burden for summary judgment | Hastings: No genuine issue of material fact; entitled to judgment as a matter of law | Hosler: Disputes over intoxication and document accuracy preclude summary judgment | Court: Burden not satisfied because factual disputes remain; motion denied |
| Motion to compel discovery | Hastings: Plaintiffs complied with court-ordered discovery production | Hosler: Plaintiffs failed to provide discovery by deadline | Court: Both parties produced discovery per prior order; motion to compel denied; late documents (if any) excluded at trial |
Key Cases Cited
- Moore v. Sizemore, 405 A.2d 679 (Del. 1979) (movant bears initial burden and burden shifts to nonmovant at summary judgment)
- Brozka v. Olson, 668 A.2d 1355 (Del. 1995) (at summary judgment courts view facts in the light most favorable to the non-moving party)
