Effect of Guilty Plea on Civil Damages In Delaware
In order to prevail in this negligence action, the plaintiff must prove by a preponderance of evidence that defendant's actions where the cause and fact as well as proximate cause of the alleged damages to his motor vehicle.
See, Wright v. Casanova (October 8, 1999); Grier v. Samuel, Del. Super., Conrad, J. 86 A. 209 (1913); Kiesling v. Fagnan, Del. CCP C.A. No. 57-232, DiSabatino, J. (January 2, 1973).
Even if there was a guilty plea, and there is not, a judicial determination must be made as to liability and proximate cause for the alleged damages. Petrella v. Alexander, 1991 Del. Super (November 8, 1991).