DE · jury_instructions
Del. P.J.I. Civ. § 10.13
County and Municipal Tort Immunity
COUNTY AND MUNICIPAL TORT IMMUNITY
Delaware law provides that no damages may be recovered against a
governmental entity or any public officer or employee if the claim arose because of
the performance of an official duty that was conducted in good faith for the benefit
of the public. This is known as sovereign immunity. There is an exception to this
rule, however, if the public officer or employee acted outside the scope of
employment or with gross or wanton negligence. Gross or wanton negligence refers
to conduct of such a nature or degree that it constitutes a gross deviation from what
a reasonable, ordinary person would do in the same situation.
For [plaintiff’s name]’s claim to fall within this exception to sovereign
immunity, [plaintiff’s name] must prove that [defendant’s name] acted outside the
scope of [his/her] employment or acted with gross or wanton negligence.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
ff7b4ca776df329751d283643610dc664ffcdf4ad97fed1771235420fc09a292
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