Del. High Court Declines Appeal on Decision Allowing Agricultural Worker’s Tort Action

WILMINGTON, Del. — The Delaware Supreme Court has rejected a petition for interlocutory appeal by Allen Family Foods Inc., which is subject to tort claims on behalf of a deceased agricultural worker because the company was not deemed to be an “employer” at the time of death.

Supreme Court Justice Randy Holland signed the court’s order May 29, denying Allen’s petition for interlocutory review in a case brought by Amanda L. Mitchell on behalf of the Estate of Herbert L. Mitchell and his family.

Delaware Superior Court judge Jerome O. Herlihy ruled in April that the plaintiffs are not precluded …