McCowatt v. Garcia
CourtSuperior Court of Delaware
Date FiledSeptember 11, 2026
DocketN24C-05-207 MAA
StatusPublished
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Full Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
SAMMYE MCCOWATT and WANDA )
THOMAS, )
) C.A. N24C-05-207 MAA
Plaintiffs, )
)
v. )
)
CHRISTIAN ANDRES GARCIA, )
KEYSTONE QUALITY TRANSPORT )
CO., TRINITY HEALTH PACE, INC. )
d/b/a SAINT FRANCIS LIFE, and )
KEYSTONE QUALITY SERVICES, )
INC., )
)
Defendants. )
Submitted: August 20, 2026
Decided: September 11, 2026
Trinity Health Pace, Inc.’s Motion for Summary Judgment:
DENIED.
ORDER
Before the Court is Defendant Trinity Health Pace, Inc.’s Motion for Summary
Judgment as to Plaintiff Wanda Thomas. Upon consideration of the Delaware
Superior Court Rules of Civil Procedure, the relevant statutory and decisional law,
and the record in this matter; for the reasons that follow, Plaintiff’s Motion is denied.
1. This case concerns a motor vehicle collision that occurred on
November 22, 2022, in Wilmington, Delaware. Defendant Christian Garcia, who
was driving a paratransit bus owned by Keystone Quality Transport (“KQT”),
1
allegedly ran a red light and collided with a DART bus operated by Plaintiff Wanda
Thomas. At the time of the collision, Garcia was transporting Plaintiff Sammye
McCowatt to a Trinity Health Pace (“THP”) LIFE center.1 Thomas contends THP is
liable under a respondeat superior theory. THP moved for summary judgment,
contending it is not liable because it did not have an agency relationship with Garcia.
2. Prior to the accident, THP entered into a Transportation Services
Agreement (“TSA”) with Keystone Quality Services (“KQS”), who subcontracted
to KQT. KQT employed Garcia. Section 7 of the TSA states that “KQS and LIFE
agree that neither KQS nor any of its employees, contractors or affiliates providing
services hereunder are employees of LIFE.”2 The TSA requires KQS to wrap
paratransit buses with THP LIFE insignia and explicitly state the vehicles are owned
and operated by Keystone Quality Transport Company.3 The TSA outlines specific
expectations for KQS to fulfill in operating paratransit vehicles for THP.4
1
The complaint alleges at the time of the accident, Garcia was operating in the scope of his
employment. D.I. 1 ¶ 7.
2
D.I. 129 (“Mot.”) Ex. 3 at 6 § 7. The full text of the provision states:
7. Independent Contractor. In performing the services herein specified, KQS
and any subcontractor of KQS will be acting as an independent contractor. KQS
and LIFE agree that neither KQS nor any of its employees, contractors or affiliates
providing services hereunder are employees of LIFE. Nothing contained in this
Agreement shall be construed to create a partnership or joint venture between LIFE
and KQS or to authorize either KQS or LIFE to act as a general or special agent of
the other party.
LIFE is a brand name used by THP. D.I. 132 (“Resp.”) at 1-2.
3
Mot. Ex. 3 at 10-11 § 12(m).
4
Mot. Ex. 3 at 2-5 § 3.
2
Specifically, the TSA explains that all KQS employees, contractors, affiliates, etc.
are to “adhere to all LIFE policies, procedures, and regulations.”5
3. THP contends KQT owned the paratransit bus operated by Garcia.
Plaintiff Thomas claims THP owned the bus based on the police report of the
accident.6 Plaintiff Thomas further highlights Defendant Garcia’s deposition
testimony, in which Garcia claimed the paratransit van he operated lacked any
reference to Keystone.7
ANALYSIS
4. The existence of an agency relationship is a factual inquiry.8 An agency
relationship can exist where the principal exercises control over the agent, even if
the contract between the agent and principal designates the agent as an independent
contractor.9
5. Summary judgment may be granted “if the movant shows that there is
no genuine dispute as to any material fact and the movant is entitled to judgment as
a matter of law.”10 A genuine issue of material fact exists where “the evidence is
5
Id. § 3(g).
6
Resp. ¶ 4.
7
Id. ¶ 5.
8
See Ryan v. Sea Colony Recreational Ass’n, Inc., 345 A.3d 960, 965 (Del. 2025) (illustrating the
factual nature of an agency analysis).
9
See Fisher v. Townsends, Inc., 695 A.2d 53, 60 (Del. 1997) (noting the label of the relevant worker
as independent contractor or employee is not controlling (citations omitted)).
10
Super. Ct. Civ. R. 56(a).
3
such that a reasonable jury could return a verdict for the nonmoving party.”11 The
moving party bears the burden of showing the undisputed facts support its position.12
The burden then shifts to the nonmoving party to “show that there are material issues
of fact the ultimate fact-finder must resolve.”13 A court will not grant summary
judgment if “it appears that there is a material fact in dispute or that further inquiry
into the facts would be appropriate.”14 The moving party’s claim must be “based on
more than mere speculation.”15 There is no right to summary judgment.16
6. THP’s motion seeks a declaration, by the Court, that Garcia was not an
agent of THP because the TSA disclaimed an employment relationship with Garcia,
KQT owned the truck driven by Garcia, and THP did not otherwise supervise Garcia.
Defendant’s motion fails.
7. First, there is a genuine dispute of material fact over whether the
paratransit bus driven by Garcia was KQT’s bus or THP’s bus. Second, while the
TSA purports to disclaim an employment relationship between THP and Garcia, it
simultaneously grants THP the ability to exercise some control over Garcia’s
11
Gateway Ests., Inc. v. New Castle Cty., 2015 WL 13145613, at *13 (Del. Super. Sept. 19, 2015)
(quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).
12
Olga J. Nowak Irrev. Tr. v. Voya Fin’l Inc., 2020 WL 7181368, at *3 (Del. Super. Nov. 30, 2020)
(citing Moore v. Sizemore, 405 A.2d 679, 680 (Del. 1979)).
13
Id. (citing Brzoska v. Olson, 668 A.2d 1355, 1364 (Del. 1995)).
14
Capano v. Lockwood, 2013 WL 2724634, at *2 (Del. Super. May 31, 2013) (citing Ebersole v.
Lowengrub, 180 A.2d 467, 470 (Del. Super. 1962)).
15
Pazuniak L. Off., LLC v. Pi-Net Int’l, Inc., 2016 WL 3916281, at *2 (Del. Super. July 7, 2016).
16
Cross v. Hair, 258 A.2d 277, 278 (Del. 1969).
4
conduct.17 An agency relationship can exist even when the purported agent is labeled
as an independent contractor.18 A reasonable jury could conclude Garcia was THP’s
agent at the time of the collision.
8. There is uncertainty surrounding the control THP exercised over
Garcia. There is uncertainty regarding whether THP owned the paratransit bus at
issue.19 Agency is a fact-intensive inquiry, and the court has power to deny a motion
for summary judgment where it appears further development of the record at trial
would be appropriate. THP’s motion for summary judgment is DENIED.
IT IS SO ORDERED.
17
See Mot. Ex. 3 at 2-5 § 3.
18
See Fisher, 695 A.2d at 60 (noting the label of the relevant worker as independent contractor or
employee is not controlling (citations omitted)).
19
Pursuant to the TSA, the paratransit bus in this case needed “full vehicle wraps with LIFE logos
and designs,” and every vehicle had to “bear the LIFE insignia to indicate to LIFE participants that
the vehicle is being used for transportation to the LIFE program.” Mot. Ex. 3 at 10-11 § 12(m).
The TSA also required signage on the vehicle “explicitly stat[ing] that the vehicles are ‘owned and
operated by Keystone Quality Transport Company” so as “to demonstrate and hold out to all others
that such transportation services are provided by such third party, and not by LIFE.” Id. Defendant
Garcia’s testified at his deposition that, in contravention to the TSA, the van he was driving
displayed “St. Francis Life Center” on the front and “Trinity Health” at the top, and the Keystone
name did not appear anywhere on the vehicle. Mot. Ex. 2 at 50:19-23; 51:1-10.
5