Johnson v. May and Miller-Leach

Summary

The Delaware Superior Court consolidated two civil actions arising from a 2021 Protection from Abuse Order and considered the defendants’ motion to dismiss as a motion for summary judgment. The court held that the plaintiff’s claims were barred by the statute of limitations and that the claims against one defendant were also barred by res judicata. The court granted judgment for the defendants, dismissed the actions with prejudice, and enjoined the plaintiff from filing future claims without leave of court.

Holdings

1. When matters outside the pleadings are considered in resolving a Rule 12(b)(6) motion, the motion must be treated as one for summary judgment, and the parties must be given a reasonable opportunity to present pertinent material.
2. Johnson's claims against May and Miller were barred by Delaware's two-year statute of limitations because the alleged injuries occurred, or were discoverable, no later than 2021, while the complaints were filed in 2025.
3. Res judicata barred Johnson's claims against Miller because the Family Court had jurisdiction, the parties were the same, the claims arose from the same PFA transaction, the issues had been decided adversely to Johnson, and the PFA Order was final for res judicata purposes.
4. The court may enjoin a litigant who has abused the judicial process through frivolous or malicious litigation from filing future claims without leave of court, subject to the required certification procedure.

Questions Presented

1. Whether the court properly converted Defendants' Rule 12(b)(6) motion to dismiss into a motion for summary judgment after considering matters outside the pleadings.
2. Whether Johnson's claims against May and Miller were barred by Delaware's two-year statute of limitations for claims seeking damages for personal injuries.
3. Whether Johnson's claims against Miller were barred by res judicata because they arose from the same PFA proceedings previously litigated in Family Court.
4. Whether Johnson should be enjoined from filing future claims without leave of court because of repeated and allegedly frivolous or malicious litigation.

Disposition

dismissed