Judge approves $6 million in judgments against Jolly Trolley

A Delaware Superior Court judge has approved a final judgment of $6 million in damages against Jolly Trolley related to an October 2016 accident south of Dewey Beach involving a wedding party.

In a statement, Dan Bennett, attorney for Jolly Trolley, said, “After taking into consideration the number of plaintiffs and extent of the injuries sustained, and the costs, uncertainty and risks associated with trial, certain defendants offered and the plaintiffs accepted an offer of judgment of approximately $6 million, which was entered by the Superior Court on Sept. 11.  All defendants denied any wrongdoing, but certain defendants desired an amicable resolution prior to trial.”

The case was supposed to go to trial in Superior Court in Dover before Judge Jeff Clark. With the court entering a judgment, there will be no trial. Payment details are still being litigated in court.

“Now that judgment has been entered in favor of the plaintiffs, one of the defendants’ insurance companies has paid a portion of the judgment,” Bennett said. “The parties are attempting to enforce the judgment against one of the other defendants’ insurance companies to pay the balance of the judgment which that insurance company has denied coverage and payment. Plaintiffs are not currently taking any action to execute the judgment directly against the certain defendants upon whom the judgment was entered.”

More than 20 plaintiffs were involved in the suit, which names as defendants a series of companies all operating generally under the Jolly Trolley name.

According to court filings, the Novak family entered into a contract with the Jolly Trolley to transport guests at their wedding. The contract with the Jolly Trolley provided that up to 42 guests could be transported at a time. The guests were transported using a homebuilt trailer decorated like a trolley, built in 1993, towed by a 2005 Ford E350 van.

The accident occurred when the trolley, driven by a 73-year-old Lewes man, began swaying and overturned in the southbound lane of Route 1. The driver had picked up passengers at locations in Dewey and Bethany Beach and was to drive them to Indian River Life Saving Station, where the wedding was taking place. As the driver began accelerating, the trolley began swaying out of control. The trolley became unhitched from the van and tipped over on its side and crashed into the van. Twelve passengers were injured. 

According to the plaintiffs’ complaint, passengers boarding the trolley began moving to the rear to make room for more passengers. The weight of the trolley load was not distributed correctly, with too much weight behind the rear axle. This led to the trailer fishtailing, and then the trailer became detached from the hitch. 

Attorneys for the plaintiffs said at no point did the Jolly Trolley make any mention of proper weight distribution on the trolley, and during the ride, the driver did not notify the passengers about evenly distributing their weight. 

Plaintiffs also alleged that the trailer hitch was excessively greased and too small for the coupler, and that the safety chains were not attached properly. They also alleged that the van did not have proper mirrors, meaning the driver could not see that he was losing control of the trolley. 

The trolley and van were equipped with a one-way radio so the driver could communicate with the passengers, but the passengers could not communicate with the driver. Plaintiffs also alleged that the driver was not sufficiently trained. The lawsuit states that Jolly Trolley management knew that the trolley was not safe at speeds more than 40 mph.

In its response, Jolly Trolley attorneys said the defendants were without knowledge or information sufficient to form a belief as to the truth of the plaintiffs’ claims. 

Twenty-six passengers sued Jolly Trolley for negligence and recklessness, and for not properly training their employees. Jolly Trolley denied charges of recklessness and negligence but did admit to the basic timeline of the accident. 

The two parties agreed to a judgment where claims of recklessness and claims of punitive damages were dismissed, there would be no jury trial, and the victims would be compensated.