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Morris v. Delaware Violent Crimes Compensation Bd.2/26/2004
This is an appeal from a decision of the Delaware Violent Crimes Compensation Board ("hereinafter Board") which denied compensation benefits to Appellant Angela Morris. Morris was the fiancé of Celester O. Lewis, Jr. who was killed while a passenger in a vehicle driven by a drunk driver. The Board held that Lewis assumed the risk of injury by riding with an intoxicated driver who he knew or reasonably should have known was drunk or under the influence of alcohol. Because the Board's decision is supported by substantial evidence and is free of legal error, it is affirmed.
FACTS
On December 7, 2002 Lewis was a passenger in a car driven by Christopher Allen, who was intoxicated. The undisputed facts are that both men had a blood alcohol level of .24, more than twice the level for a DUI. After the accident, Allen admitted that he and Lewis were drinking before the accident. The accident happened when Allen drove under the influence of alcohol and lost control of the vehicle at highway speed in snow conditions. Lewis was killed after the car rotated 360° and hit a telephone pole. Lewis was not wearing a seatbelt when found and he was pronounced dead at the scene.
DISCUSSION
A. The Standard Of Review For An Appeal From A Delaware Violent Crimes Compensation Board Hearing Is On The Record.
Any claimant who is aggrieved by the Board's decision may appeal to the Superior Court within 30 days. The appeal is not de novo. [FN1] This Court is limited to reviewing the Board's factual findings and determining whether the Board has abused its discretion or has committed an error of law. [FN2] The standard of review of factual determinations of the Board is as follows:
FN1. Liberto v. Delaware Violent Crimes Compensation Board, 1992 WL 52193, at *1 (Del.Super.Ct.1992).
FN2. Id.
"If there is substantial evidence to support the agency's findings, those findings cannot be disturbed on appeal regardless of whether or not the reviewing Court would have reached a different conclusion from the same evidence. However, when a careful review of the record below does not reveal substantial evidence supporting the administrative body's findings, the findings must be considered arbitrary, and the agency must be reversed for abusing its discretion." [FN3]
FN3. Id. at *2 quoting Bilinski v. Delaware Violent Crimes
Compensation Board, Del.Super., C.A. No. 81A-FE-14, Bifferato, J. (November 30, 1981).
B. Compensation By The Delaware Violent Crimes Compensation Board is Discretionary And May Be Denied If The Victim Bears Any Responsibility For His Injury Or Death.
The Board has been given liberal discretionary powers by the legislature [FN4] which are set forth at 11 Del. C. §§ 9001-9018. The purpose of Chapter 90 of Title 11 is "to promote the public welfare by establishing a means of meeting the additional hardships imposed upon the innocent victims of certain crimes, and the families and dependents of those victims." [FN5] The Board is not compelled to provide compensation in any case, nor is it compelled to award the full amount. [FN6] Additionally, if the victim bears any responsibility for causing his injury or death, the Board shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim. [FN7] A claim may be denied or reduced, if the victim of the personal injury in question substantially provoked or aggravated the incident giving rise to the injury. [FN8]
FN4. Evans v. Delaware Violent Crimes Compensation Board, 1986 WL 3972, at *1 (Del.Super.Ct.1986).
FN5. 11 Del. C. § 9001.
FN6. 11 Del. C. § 9005(3).
FN7. 11 Del. C. § 9006(c).
FN8. Id.
*2 In this case, the victim voluntarily entered and remained in the
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