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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY LISA ROBERTS, Plaintiff, v. DELMARVA POWER & LIGHT COMPANY, d/b/a/ Connectiv Power Delivery, BENJAMIN CLENDANIEL, CHESWOLD AIRPORT, DELAWARE RIVER AND BAY AUTHORITY and JAMES JOHNSON, Defendants. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : CONSOLIDATED CASE C.A. No: 05C-09-015 (RBY)

BARBARA L. AUBREY, Individually and Executor of the Estate of James R. Aubrey, Deceased, and JENNIFER L. AUBREY, Plaintiffs, v. DELAWARE RIVER AND BAY AUTHORITY and DELAWARE AIRPARK and PEPCO HOLDINGS, INC. and DELMARVA POWER & LIGHT f/k/a CONNECTIV POWER DELIVERY and DIAMOND AVIATION INC., and HARLAN DURHAM, Defendants.

Submitted: June 1, 2007 Decided: August 6, 2007

Upon Consideration of Defendant Benjamin Clendaniel's Motion to Dismiss DENIED WITHOUT PREJUDICE

John Grady, Esq., Grady & Hampton, Dover, Delaware for Plaintiff Lisa Roberts. Gary W. Aber, Esq., Aber, Goldlust, Baker & Over, Wilmington, Delaware for Plaintiff Jennifer Aubrey. David K. Sheppard, Esq., Blank, Rome, LLP, Wilmington, Delaware for Plaintiff Barbara Aubrey. Lisa C. McLaughlin, Esq., Phillips, Goldman & Spence, P.A., Wilmington, Delaware for Defendant Delmarva Power & Light Co. Stephen P. Casarino, Esq., Casarino, Christman & Shalk, Wilmington, Delaware for Defendants James Johnson, Benjamin McDaniel, Cheswold Airport and Delaware River & Bay Authority. Christian J. Singewald, White and Williams, LLP, Wilmington, Delaware for Defendant Precision Airmotive, LLC. Todd L. Goodman, Esq., Pepco Holdings, Inc., Wilmington, Delaware for Defendants Pepco and Delmarva Power & Light Company. Thomas G. Whalen, Esq., Stevens & Lee, Wilmington, Delaware for Defendant Harlan Durham.

OPINION AND O R D E R Young, J.

Roberts v. Delmarva Power & Light Company, et al. C.A. No: 05c-09-025 (RBY) The Defendant, Benjamin Clendaniel1, has filed a Motion to Dismiss the entire action against him pursuant to Superior Court Civil Rule 9(b). For the following reasons, the Defendant's Motion is DENIED WITHOUT PREJUDICE. STANDARD OF REVIEW Superior Court Civil Rule 9(b) provides that negligence shall be stated with particularity. The purpose of Rule 9(b) is to apprise the opposing party of the acts or omissions by which it is alleged that a duty has been violated.2 Therefore, to plead negligence sufficiently, a defendant must be apprised of: (1) what duty, if any, was breached; (2) who breached it; (3) what act or failure to act breached the duty; and (4) the party affected by the act or failure.3 DISCUSSION The Defendant contends that Plaintiffs' lumping him in with Defendants Delaware River and Bay Authority and Delaware Airpark; referring to the group collectively as "the Airport Defendants;" 4 and then pleading a generic cause of action against the group does not meet the particularity requirement of Rule 9(b).

This Motion was originally filed by both Mr. Clendaniel and James Johnson. The Court was informed that, by agreement of the Parties, James Johnson has been dismissed from the action. However, the Parties have reached no final agreement on dismissing Benjamin Clendaniel. Therefore, the Court's decision on the Motion is addressed only to Mr. Clendaniel ("the Defendant"). See Myer v. Dyer, 542 A.2d 802, 805 (Del. Super 1987); Riggs Nat. Bank v. Boyd, 2000 WL 303308, at *3 (Del. Super.) ("The purpose of Rule 9(b) is fairness and notice so that the Defendant can fairly prepare a defense.").
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Myer, 542 A.2d at 805. See Pls.' Am. Consolidated Compl. at

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