DEULEY v. DYNCORP INTERN., INC.

No. 155, 2010.

8 A.3d 1156 (2010)

Michelle DEULEY, Individually, and in Her Capacities as Surviving Spouse of John Deuley, as Executrix of the Estate of John Deuley, Deceased, And as Mother, Guardian and/or Next Friend of Amberlye Marie Deuley, Justin Andrew Deuley, and Jordan Aubrey Deuley, Minor Children of John Deuley, Joseph and Kim Dickinson; Kathy Gibson, Individually, and in her Capacities as Surviving Spouse of Gerald Gibson and as Executrix of the Estate of Gerald Gibson, Deceased, Plaintiffs Below Appellants, v. DYNCORP INTERNATIONAL, INCORPORATED, a Delaware Corporation Parent of the co-defendant DynCorp Entities, formerly known as DI Acquisition Corp; DynCorp International LLC, a Delaware Limited Liability Corporation; and CSC Applied Technologies LLC, Formerly known as DynCorp Technical Services, LLC, a Delaware Limited Liability Corporation, Defendants Below Appellees.

Supreme Court of Delaware.

Decided: December 8, 2010.


Attorney(s) appearing for the Case

Neilli Mullen Walsh and Ben T. Castle of Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware; James E. Beasley, Jr. and Maxwell S. Kennerly (argued) of The Beasley Firm, LLC, of counsel, Philadelphia, PA, for appellants.

Robert K. Beste, III of Smith, Katzenstein & Furlow LLP, Wilmington, DE; Robert B. Wallace (argued), Kevin Farrell and Chrissy Costantino of Wilson, Elser, Moskowitz, Edelman & Dicker LLP of counsel, Washington, DC for appellees.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.


STEELE, Chief Justice:

In this appeal we consider whether a Superior Court judge erred by holding that under Delaware law the liability clause in civilian police officers' employment contracts released claims arising out of injuries suffered in Afghanistan. The complainants contend that the liability clause and relevant language purporting to release "any claim" is insufficient to release their employer and its affiliates from claims of negligence. Because the language...

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