Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1 :04-cv-00911-GIVIVS Document 122 Filed O2/O9/2006 Page 1 0f 4
l IN THE UNITED STATES DISTRICT COURT P
FOR THE DISTRICT OF DELAWARE
JAN KOPACE and CATHY KOPACZ, : C.A. N0. O4-911 GMS
Plaintiffs, Jury Trial Demanded
DELAWARE RIVER AND BAY p
AUTHORITY, and CRAIG SWETT, 2
Defendants.
JAN KOPACZ, C.A. N0. O4-1281 GMS
Plaintiff,
DELAWARE RIVER AND BAY
AUTHORITY, :
Defendant.
MOTION OF DEFENDANT, DELAWARE RIVER AND BAY AUTHORITY, FOR
JUDGMENT AS A MATTER OF LAW UNDER FED.R.CIV.P. 50
Defendant, Delaware River and Bay Auth0rity ("DRBA”), respectfully recjuests
judgment in its fav0r as a matter 0f law 0n the Plaintiffs’ claims f0r unseawcrthiness and the
J 0nes Act. A m0ti0n f0r judgment as a matter 0f law must be granted when there is n0 "legally
sufficient evidentiary basis" f0r a reas0nab1e jury t0 find f0r that party with respect t0 the claim
presented. Fed. R. Civ. P. 50(a).
Plaintiff, Jan Kcpacz, has failed t0 establish that he was injured as a result 0f any
negligence 0n the part 0f the DRBA. Likewise, n0 evidence has been presented that the

Case 1:04-cv-00911-GMS Document 122 Filed O2/O9/2006 Page 2 of 4
Defendant’s vessel was not reasonably tit for the purpose for which it was intended to be used,
in order to establish the claim of Lmseaworthiness. Mitchell v. Trawler Racer, Inc., 362 U.S.
539 (1960). .
There is no evidence of any violations of Coast Guard or other maritime regulations by
the DKBA. Even if Del. Code Title 21 § 4164 is found to be applicable to the facts of this case,
by its plain terms, the conduct prescribed in the code is for the driver of a motor vehicle and not
the DKBA’s employees. No evidence has been presented by which any reasonable juror could
rule that a warning sign was needed or required on the vehicle loading dock. Even taking the
facts in the light most favorable to J an Kopacz, to the extent that any accident took place, which ‘
is denied, it was not the fault of the DKBA. Mr. Kopacz claims he was injured on the ferry deck
when a vehicle operated by Craig Swett backed into him. No evidence of any fault has been
presented against DKBA. In fact, the Plaintiff agrees that the DKBA was not responsible for
causing the alleged accident:
. Q: Did you have any discussions with anyone at DKBA with respect to making ai
claim against DKBA?
I A: No, I did not. Well, I had a discussion with them saying that I was not going to
file a claim against them, and I felt they were not at fault, that it was the person
who was driving the car.
(Notes of Testimony of I an Kopacz, 2/8/06, p. 15, attached as Exhibit "A").
2

Case 1:04-cv-00911-GIVIS Document 122 Filed O2/O9/2006 Page 3 of 4
For all of the foregoing reasons, the DRBA respectfully requests judgment in its favor on - U
the counts of unseaworthiness and the Jones Act. U _ _
. ROSENTHAL, MONHAIT, GROSS
OE COUNSEL: & GODDESS, P.A.
A Mary Elisa Reeves, Esquire /s/ Carmella P. Keener A D
1 DONNA ADELSBERGER Carmella P. Keener (DSBA No. 2810)
& ASSOCIATES, P.C. 919 N. Market Street, Suite 1401
6 Royal Avenue, P.O. Box 530 P. O. Box 1070
Glenside, PA 19038-0530 Wilmington, DE 19899-1070
(215) 576-8690 (302) 656-4433
[email protected]
Attorneys for Defendant
Delaware River and Bay Authority
I 3

Case 1:04-cv-00911-GMS Document 122 Filed O2/O9/2006 Page 4 of 4
1 CERTIFICATE OF SERVICE
I hereby certify that on February 9, 2006, I electronically tiled with the Clerk of Court
MOTION OF DEFENDAN T, DELAWARE RIVER AND BAY AUTHORITY, FOR JUDGMENT
AS A MATTER OF LAW UNDER FED.R.CI`V.P. 50 using ECF, which will send notiiication of
such tiling to the following: 1 ` ·
Donald M. Ransom, Esquire
Casarino, Christman & Shalk, P.A.
800 N. King Street, Suite 200
P.O. Box 1276
Wilmington, DE 19899
James S. Green, Esquire
Seitz Van Ogtrop & Green, P.A.
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899 ‘
James J. Woods, Esquire
Law Oftice of James J. Woods, Jr., P.A.
P.O. Box 4635 .
Greenville, DE 19807
/s/ Carmella P. Keener { 1 QSBA No. 2810)
Rosenthal, Monhait, Gross & Goddess, P.A.
919 N. Market Street, Suite 1401
P.O. Box 1070
Wilmington, DE 19899-1070
I (302) 656-4433
cl cc: E. Alfred Smith, Esquire (via hand delivery and electronic mail)
Donald Ransom, Esquire (via hand delivery)