Her contentions are: (1) the verdict questionnaire was confusing in its sequence of questions to be answered and (2) the proximate cause question was misleading since it asked if Delaware Park s negligence was a proximate cause of her injuries and did not ask if it were a proximate cause of her fall. On July 24, 2007, a jury found that Delaware Park was negligent but that its negligence was not a proximate cause of any injury to Esdella McFadden. Jacob McFadden sued for loss of consortium. Plaintiff Esdella McFadden sued Delaware Racing Association, d/b/a Delaware Park, claiming she had slipped on a defective curb, fallen and suffered a severe elbow injury. Gerard, Esquire, of Marshall Dennehy Warner Coleman & Goggin, attorney for defendant HERL IHY, J. Christo pher Componovo, Esquire, of Weik Nitsche Dougherty & Componovo, Wilming ton, Delaw are, attorney for plain tiffs Thomas J.
) ) DELAWARE RACING ASSOCIATION, ) d/b/a DELAWARE PARK ) ) Defendant ) CIVIL ACTION NUMBER 05C-03-215-JOH Submitted: AugDecided: SeptemMEMORANDUM OPINION Upon M otion of Plaintiffs for a N ew Trial - DENIED Appearances: W. MCFADDEN and JACOB MCFADDEN ) ) ) Plaintiffs ) ) v.
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ESDELIA R.
