Horvat v. State of Delaware Office of Management & Budget
S16C-03-003 RFS
| Del. Super. Ct. | Oct 30, 2017Background
- On March 4, 2014 Horvat reported for jury duty at the Kent County Courthouse and parked in the courthouse parking lot identified on her summons.
- Snow and ice had accumulated the day before; the lot was plowed but some icy patches remained at the lot entrance where Horvat slipped and sustained serious lower-left leg fractures requiring surgery; medical expenses exceeded $84,902.44.
- State policy required personnel to clear assigned areas of snow and ice in a timely manner using state plows and salters; parties agree plowing occurred but an icy patch remained and caused the fall.
- Plaintiff argues the State (through use/misuse of its snowplow and salting) is liable; she invokes waiver of sovereign immunity via the State’s automobile insurance, the special-relationship exception to the public duty doctrine, and that snow removal was a ministerial act under the State Tort Claims Act (STCA).
- Defendants argue sovereign immunity applies because the insurance covers only harms caused by the "use" of an insured vehicle (which they say did not cause the ice), the duty owed was to the public at large (no special relationship), and snow-removal decisions are discretionary under the STCA.
- The Court granted summary judgment for Defendants, holding sovereign immunity, the public duty doctrine, and STCA immunity bar Horvat’s suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State's sovereign immunity is waived by automobile insurance | Horvat: State's snowplow/salt spreader use left untreated ice — that is "use" of insured vehicle, so policy covers and waives immunity | State: Policy covers damages resulting from ownership/maintenance/use of covered vehicle; here the plow did not cause the ice — only failed to fully remove it, so no coverage | Held: No coverage — the plow's use did not cause the hazard; sovereign immunity not waived |
| Whether State owed Horvat an individual duty (public duty doctrine / special-relationship) | Horvat: Jury summons and required appearance, plus parking lot being identified for jurors, created an affirmative undertaking and direct contact — special relationship exists | State: Snow-clearing was for the public at large; parking lot was not exclusively designated to Horvat/jurors; summons/call-in are not "direct contact" sufficient for special relationship | Held: No special relationship; duty ran to public at large only; public duty doctrine bars recovery |
| Whether snow removal was ministerial or discretionary under the STCA | Horvat: Snow removal follows prescribed procedures (plows/salting) and allows little discretion — thus ministerial, so STCA immunity doesn't apply | State: Plowing requires judgment about timing, methods, pedestrian paths, etc.; policy language is broad and leaves manner to employee judgment — discretionary conduct | Held: Plowing was discretionary; STCA immunity applies |
| Whether any genuine factual dispute precludes summary judgment | Horvat: Disputes existence of causal link between plow use and ice; contends factual issues on special-relationship and ministerial nature | State: Facts undisputed that plow did not cause formation of the ice patch; policy lacks mandatory procedures; public duty applies | Held: No material factual issue preventing judgment for Defendants; summary judgment granted |
Key Cases Cited
- Moore v. Sizemore, 405 A.2d 679 (Del. 1979) (summary judgment standard and burdens)
- Ebersole v. Lowengrub, 180 A.2d 467 (Del. 1962) (standard for summary judgment; view facts in non-movant's favor)
- Sussex County v. Morris, 610 A.2d 1354 (Del. 1992) (discussing discretionary vs. ministerial acts under county/municipal tort act; adopted Restatement approach)
- Stanfield v. Peregoy, 429 S.E.2d 11 (Va. 1993) (holding snowplowing is discretionary)
- Shariss v. City of Bloomington, 852 N.W.2d 278 (Minn. Ct. App. 2014) (distinguishing active snow-removal discretion from discrete, ministerial acts during non-plowing vehicle operation)