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Worker Who Pursued Comp for Dog Bite Can Proceed With Tort Claim

Wednesday, October 13, 2021 | 0

The Delaware Superior Court ruled that the doctrines of res judicata and collateral estoppel did not bar a worker from pursuing a civil suit from being bitten by a dog owned by his employer. Case: Timmons v. Collett, No. N20C-12-013 FWW, 09/29/2021, published. Facts and procedural history: In December 2020, William Timmons filed suit against Justin Collett, alleging he had been bitten by Collet's dog while employed cutting Collet's grass. Collett moved to dismiss for failure to state a claim and for summary judgment. Collett asserted Timmons previously brought the same case bef...

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