Hsia v. KAPG Hockessin

── Hsia v. KAPG Hockessin ── Court: Superior Court of Delaware Date: May 26, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE The Estate of Shyuan Hsia, by and ) through Lynn Chao, Executrix and ) Personal Representative of the Estate ) of Shyuan Hsia, et al., ) ) Plaintiffs, ) v. ) C.A. N25C-04-270 FJJ ) KAPG Hockessin Senior Housing ) Opco, LLC, d/b/a The Summit, ) Hockessin Senior Housing I, et al., ) ) Defendants, ) v. ) ) Kevin Kelly, Thomas Terranova, ) Timothy Terranova, et al., ) ) Third-Party Defendants. ) Submitted: May 19, 2026 Decided: May 26, 2026 OPINION AND ORDER On Defendants Timothy and Thomas Terranovas’ Motion for Fees and Costs GRANTED in part; DENIED in part. Timothy A. Dillon, Esquire, McCann, Dillon, Jaffee & Lamb, LLC, Wilmington, Delaware, Attorney for Plaintiff. Don Gouge, Esquire, Wilmington, Delaware, Attorney for Third-Party Defendant Kevin Kelly. Kevin Buttery, Esquire, Wilmington, Delaware, Attorney for Defendant KAPG Hockessin Senior Housing OPC, LLC. Randall S. MacTough, Esquire and Colleen Shields, Esquire, Eckert Seamans Cherin & Mellott, LLC, Attorneys for Third-Party Dr. Carolyn Ianni. Maria Granaudo, Esquire, Burns and White, Wilmington, Delaware, Attorney for Third-Party Defendant Dr. Jennifer Christian. Jennifer Sutton, Esquire, O’Hagan Meyer, Wilmington, Delaware, Attorney for Defendant American Trust Senior Care, LLC, Virginia Gray, Hockessin Senior Housing I. Robert M. Greenberg, Esquire, Tybout, Redfearn & Pell, Wilmington, Delaware, Attorney for Third-Party Defendant Timothy Terranova. Maura L. Burke, Esquire and Carl Neff, Esquire, Pierson Ferdinand, LLP, Wilmington, Delaware, Attorneys for Defendant Discovery Senior Living, LLC. John D. Balaguer, Esquire and Claire McCudden, Esquire, Balaguer, Milewski & Imbrogno, Wilmington, Delaware, Attorneys for Third-Party Defendants Thomas Terranova and Timothy M. Terranova. Jones, J. 2  This matter arises from the fatal assault of Shyuan Hsia (“Hsia”) by Kevin Kelly (“Kelly”) while Hsia was under the care of KAPG Hockessin Senior Housing OPCO, LLC D/B/A The Summit (hereinafter referred to as “Summit”). Summit is a licensed Assisted Living Facility that operates the Shine Memory Care Unit (“MCU”) to care for residents with Alzheimer’s, dementia or other mental/memory impairments. Kelly and Hsia were residents in Summit’s MCU. It is alleged that on August 5, 2024, while both were under the care of Summit, Kelly, who suffers from dementia, entered Hsia’s private room and assaulted her, leading to her death. Hsia’s estate and beneficiaries filed suit against Summit alleging that Summit’s negligence caused her death. Timothy Terranova and Thomas Terranova are each the nephew and power of attorney for Kelly. Timothy has power of attorney over medical decisions under Delaware Code Title 16 Chapter 25, and both Timothy and Thomas have durable personal power of attorney under Delaware Code Title 12, Chapter 49A. Summit filed an original third-party complaint against a number of defendants, including Timothy and Thomas.1 In its original third-party complaint, Summit alleged that as POAs for Kelly, Timothy and Thomas, “were responsible for making decisions necessary for Kevin Kelly’s health and wellbeing, as well as arranging for and facilitating his personal and health care services not provided by 1 Docket Item (“D.I.”) 16.