TBD Standard, LLC as Personal Representative of the Estate of Donald Bodick v. Augustus Gogoe, Granda Brown, Joseph Mukaku, and April N. Bailey

── TBD Standard, LLC as Personal Representative of the Estate of Donald Bodick v. Augustus Gogoe, Granda Brown, Joseph Mukaku, and April N. Bailey ── Court: Supreme Court of Delaware Date: May 11, 2026 Category: General IN THE SUPREME COURT OF THE STATE OF DELAWARE TBD STANDARD, LLC as Personal § No. 105, 2026 Representative of the ESTATE OF § DONALD BODICK, § Court Below—Superior Court § of the State of Delaware Defendant Below, § Appellant, § Consol. C.A. No. K22C-06-043 § v. § § AUGUST GOGOE, GRANDA § BROWN, JOSEPH MUKAKU and § APRIL N. BAILEY, § § Plaintiffs Below, § Appellees. § Submitted: April 16, 20261 Decided: May 11, 2026 Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices. ORDER After consideration of the notice of interlocutory appeal, the supplemental notice, the exhibits, and the transcripts of the interlocutory rulings, it appears to the Court that: (1) On July 10, 2021, there was a multi-vehicle accident on Route 1 near Milford, Delaware. The drivers of the three vehicles involved were Donald Bodick, 1 The supplemental notice of interlocutory appeal was filed on March 19, 2026, but the transcripts of the relevant interlocutory rulings were docketed on April 16, 2026. April N. Bailey, and Augustus Gogoe. Karen Bodick, Bodick’s wife, was a passenger in his vehicle. Alpha Diaby and Joseph Mukaku were passengers in Gogoe’s vehicle. The narrative portion of the police report suggested that Bailey was responsible for causing the accident. (2) The accident led to the filing of four cases in the Superior Court. On June 28, 2022, Diaby filed a lawsuit against Bailey, Bodick and Gogoe. On November 11, 2022, the Bodicks filed a lawsuit against Bailey. In her answer to that complaint, Bailey included a third-party complaint against Bodick and Gogoe. On January 27, 2023, Gogoe and his wife Granda Brown filed a lawsuit against Bailey. On February 2, 2023, Mukaku filed a lawsuit against Bailey. In her answers to those complaints, Bailey included third-party complaints against Bodick and Gogoe. The cases were consolidated. (3) During discovery, depositions of most of the parties, including Bodick, continued to suggest that Bailey was responsible for causing the accident. On September 23, 2024, after the statute of limitations had expired, a video of the accident was discovered. The video contained footage suggesting that Bodick was potentially responsible for the accident, contradicting Bodick’s statements to police and deposition testimony. (4) Based on this video footage, Gogoe, Brown, and Mukaku moved to amend their complaints to include direct claims against Bodick. Bodick opposed the 2 motion, arguing that the amendments did not relate back to the original complaints because the requirements of Superior Court Civil Rule 15(c)(2) and (c)(3) were not met. A Superior Court Commissioner granted the motion on November 7, 2024, and Bodick moved for reargument. Bodick died in December. On January 13, 2025, Bailey moved to intervene and amend her answers/third party complaints so that she could be added as plaintiff and bring a direct action against Bodick and Gogoe. (5) After delays relating to the substitution of TBD Standard, LLC as the personal representative of Bodick’s estate and scheduling conflicts, the Superior Court heard arguments on the motions to reconsider and intervene on February 6, 2026. The court denied the motion for reconsideration, concluding that the amendments related back to