Clinton v. Enter. Rent-A-Car Co., 977 A.2d 892 (Del. 2009). · Go Syfert
Clinton v. Enter. Rent-A-Car Co., 977 A.2d 892 (Del. 2009). Cases Citing This Book View Copy Cite
227 citation events (227 in the last 25 years) across 6 distinct courts.
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) US Dominion, Inc. v. Fox Corporation
Del. Super. Ct. · 2022 · quote attribution · 1 verbatim quote · confidence high
even if the cause of action arose in maryland, section 8121 would dictate that delaware's statutes of limitations applies" because the plaintiff "was a delaware resident.
discussed Cited as authority (verbatim quote) Soares v. Continental Motors, Inc.
Del. Super. Ct. · 2021 · quote attribution · 1 verbatim quote · confidence high
the law of the state where the injury occurred is presumed to control unless another state has a more significant relationship.
discussed Cited as authority (verbatim quote) Thorne v. Crane Co.
D. Del. · 2021 · quote attribution · 1 verbatim quote · confidence high
for personal injury actions, the law of the state where the injury occurred is presumed to control unless another state has a more significant relationship.
cited Cited as authority (rule) David Rostov v. Alcon Research, LLc
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)), overruled on other grounds by Ramsey v. Ga. S. Univ.
cited Cited as authority (rule) StayTerra Vacations, LLC v. Shawn T. Kaleta
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 32 VLIW Tech., LLC v. Hewlett-Packard Co., 840 A.2d 606, 612 (Del. 2003). 33 Purchase Agreement § 6.6(a)(i). 10 is also Kaleta’s ex-wife.
discussed Cited as authority (rule) Bill Le Clair v. KnowBe4, Inc.
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 19 A. Count I Against The Alleged Control Group Plaintiffs allege that KKR, Elephant, and Sjouwerman breached their fiduciary duties as controllers in connection with the Merger.
cited Cited as authority (rule) Angela Okafor Carlisle v. Rone Everett
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 33 Dkt. 51 at 8–12. 6 Angela Okafor Carlisle v. Rone Everett, C.A.
cited Cited as authority (rule) Gavin C. Newsom v. Fox News Network, LLC
Del. Super. Ct. · 2026 · confidence medium
Ct. 2021) (internal citations omitted). 90 Clinton v. Enterprise Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 91 ShotSpotter Inc. v. VICE Media, LLC, 2022 WL 2373418 , at *6 (Del.
cited Cited as authority (rule) Tesaro, Inc. v. Anaptysbio, Inc.
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009), overruled on other grounds by Ramsey v. Ga. S. Univ.
cited Cited as authority (rule) Vladimir Fishel v. Liberty Media Corporation
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 22 115 A.3d 1173 . 23 477 A.2d 1040 . 24 Dkts. 18, 37. 16 A. Cornerstone The Company’s charter contains an exculpatory provision.
cited Cited as authority (rule) Gary T. Turner v. Lam Research Corporation
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)).
cited Cited as authority (rule) Lorene Murphy v. Alexa Spinoso
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). – 19 – The rest of this section analyzes arguments raised by Moving Respondents in support of dismissal.
cited Cited as authority (rule) Genesis CMG Holdings LLC v. Philip Yancey
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009).
cited Cited as authority (rule) Electric Last Mile Solutions, Inc. Stockholder Litigation
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)).
discussed Cited as authority (rule) Flex Ltd. v. Nextracker Inc.
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 6 To prevail on a claim for breach of contract, a party must demonstrate the existence of a contract, the breach of an obligation imposed by that contract, and harm or damage resulting from the breach.14 Defendants dispute that they committed a breach, arguing that the Q3 Tax Distribution falls outside the Wrong-Pockets and Retained Assets Provisions.
cited Cited as authority (rule) William K. Buhler v. Winterset Farms, MHC, LLC
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 14 Dover Historical Soc. v. City of Dover Planning Com’n, 838 A.2d 1103, 1110 (Del. 2003). 15 2001 WL 695547 , at *3 (Del.
discussed Cited as authority (rule) Kalkomey Enterprises, LLC v. Mitchell Strobl
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 28 The Employment Agreements, by their terms, are to be “governed by, and construed in accordance with, the internal law of the State of Texas[.]” Compl.
discussed Cited as authority (rule) Los Angeles City Employees' Retirement System v. Glenn Sanford
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 31 harassment,”107 “a conscious decision to mislead,”108 or “affirmative involvement in [an] alleged . . . cover-up,”109 and (ii) wrongdoing based on a failure of oversight.110 Both are loyalty claims, but the former is more overt than the latter.
cited Cited as authority (rule) CHP III, L.P. v. Benjamin F. Cravatt
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 42 See Lewis v. Anderson, 477 A.2d 1040 (Del. 1984); Goldstein v. Denner, 2022 WL 1797224 (Del.
cited Cited as authority (rule) Hecate Holdings v. Repsol Renewables North America, Inc.
Del. Ch. · 2026 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 7 Gerber v. EPE Hldgs., LLC, 2013 WL 209658 , at *11 (Del.
cited Cited as authority (rule) William H. Williams, V. v. Susan F. D'Andelet
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009).
cited Cited as authority (rule) David M. Doyle v. DNA SEQ. Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009).
cited Cited as authority (rule) Renovaro Inc. v. Serhat Gumrukcu
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 96 Trados, 2009 WL 2225958 , at *4 (quoting In re Gen.
cited Cited as authority (rule) Bangs v. Windsor-Mount Joy Mutual Ins. Co.
Del. Super. Ct. · 2025 · confidence medium
Ct. 2021). 29 Clinton v. Enterprise Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 5 9.
cited Cited as authority (rule) Matthew Wright v. Michael Farello
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)), overruled on other grounds by, Ramsey v. Ga. S. Univ.
cited Cited as authority (rule) Sjunde Ap-Fonden v. Activision Blizzard, Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 37 reference in the Third Amended Complaint nor subject to judicial notice.
cited Cited as authority (rule) Bryan Reilly v. Keith L. Horn
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 896 (Del. 2009) (considering a personal injury and wrongful death action); Kaufman v. C.L.
cited Cited as authority (rule) Katherine Richards Brewer, derivatively on behalf of Regions Financial Corporation and Regions Bank v. Josh M. Turner, Jr.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)), overruled on other grounds by, Ramsey v. Ga. S. Univ.
cited Cited as authority (rule) Alfred T. Giuliano as Plan Administrator for VJGJ, Inc. (f/k/a Teligent, Inc.) v. Jason Grenfell-Gardner
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)), overruled on other grounds by, Ramsey v. Ga. S. Univ.
cited Cited as authority (rule) Latanya L. Richardson and Reginald E. Parker v. New Residential Mortgage Loan Trust 2019RPL3
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)); see also In re Hennessy Cap.
cited Cited as authority (rule) Latanya L. Richardson and Reginald E. Parker v. New Residential Mortgage Loan Trust 2019RPL3
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)); see also In re Hennessy Cap.
cited Cited as authority (rule) Sam I Aggregator LP v. Mars Holdco Corp.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 51 Am.
cited Cited as authority (rule) Brown v. NCCPD
Del. Super. Ct. · 2025 · confidence medium
Ct. 2021) (internal citation omitted). 21 Clinton v. Enterprise Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 22 Anderson v. Tingle, 2011 WL 3654531 , at *2 (Del.
discussed Cited as authority (rule) ATM Shafiqul Khalid v. Elon R. Musk
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 45 Compl. ¶¶ 48–52. 11 to buy stock, and he was harmed when he sold his stock at a loss.46 Under Delaware law, “[p]romissory estoppel does not apply . . . where a fully integrated, enforceable contract governs the promise at issue.”47 Plaintiff’s claim of promissory estoppel implicates conduct governed by a fully integrated, enforceable contract—the Merger Agreement.
discussed Cited as authority (rule) Still v. Wayfair, Inc.
Del. Super. Ct. · 2025 · confidence medium
Aug. 15, 2011), Clinton v. Enterprise Rent-A-Car, 977 A.2d 892, 895 (Del. 2009) and Malpiede v. Townson, 780 A.2d 1075, 1083 (Del. 2001) (citations omitted))). 21 Motion, ¶¶ 5-7, 12, 41. 22 Id., ¶ 12. 23 10 Del.
cited Cited as authority (rule) Transdev North America, Inc. v. Recess Holdco LLC
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009). 56 Trados, 2009 WL 2225958 , at *4 (quoting In re Gen.
discussed Cited as authority (rule) Laurie A. Hanna v. Andrew Paradise and Skillz Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 17 trades because the defendants were motivated by the substance of that information (the scienter requirement).50 Plaintiff’s theory is that the Board (including Wakeford) received two pieces of non-public information during the March 4 Board meeting—one, positive and the other, negative.
discussed Cited as authority (rule) Goal Acquisitions Corp., a Delaware Corporation v. Aman Sharma, Esquire
Del. Super. Ct. · 2025 · confidence medium
The Court first addresses whether the ABCA and the underlying complaint are integral to Goal’s amended complaint.40 Generally, if a motion to dismiss or a response references documents or evidence not included within the four-corners of the complaint, the Court must either (1) disregard the extraneous material, or (2) 38 Deuley v. DynCorp Int’l, Inc., 8 A.3d 1156, 1160 (Del. 2010) (quoting Clinton v. Enterprise Rent–A–Car Co., 977 A.2d 892, 895 (Del. 2009)). 39 Savor, Inc., 812 A.2d at 896–97. 40 Of note, one aspect of Mr. Sharma’s motion under Rule 12(b)(6) implicates the question…
cited Cited as authority (rule) City of Sarasota Firefighters' Pension Fund v. Inovalon Holdings Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 20 See Frederick Hsu Living Tr. v. ODN Hldg.
cited Cited as authority (rule) Barnes v. Hooper and Harrington Raceway, Inc. d/b/a Harrington Raceway & Casino
Del. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 6 Del.
cited Cited as authority (rule) James Wei v. Jesse Levinson
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 58 Am.
discussed Cited as authority (rule) In re Plug Power Inc. Stockholder Derivative Litigation
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 19 A. Brophy Plaintiff brings Brophy claims against the Selling Directors.53 The relevant facts are as follows: • On November 9, 2020, McNamee sold 30,000 shares at $21.05 per share, yielding $631,500 in proceeds.
discussed Cited as authority (rule) LGM Holdings, LLC v. Gideon Schurder
Del. · 2025 · confidence medium
Hldgs., Inc. v. Kee, 268 A.3d 178 , 185 (Del. 2021). 38 See Ramirez v. Murdick, 948 A.2d 395, 399 (Del. 2008). 39 Valley Joist BD Hldgs., LLC v. EBSCO Indus., Inc., 269 A.3d 984 , 988 (Del. 2021) (quoting Clinton v. Enterprise Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 40 Id. (citing Clinton, 977 A.2d at 895 ). 41 Windsor I, LLC v. CWCapital Asset Mgmt.
cited Cited as authority (rule) Bruce Kaye v. Fantasea Resorts Group, Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 15 Compl. ¶ 58. 16 McMilan v. Nelson, 2024 WL 3311812 , at *7 (Del.
cited Cited as authority (rule) Anchorage Police & Fire Retirement System v. Rudy Adolf
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 58 Dkt. 55 (“Pls.’ Answering Br.”) at 46. 59 Ivanhoe P’rs v. Newmont Min.
discussed Cited as authority (rule) Travelers Casualty and Surety Company of America v. Blackbaud, Inc.
Del. Super. Ct. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009) (the court will not “accept conclusory allegations unsupported by specific facts or to draw unreasonable inferences in favor of the non-moving party.”). 22 The Court’s conclusion is supported by the cases relied upon by Blackbaud.79 In these cases, healthcare providers and insurers asserted claims against tobacco companies seeking to recover healthcare costs paid for patients or plan subscribers, whose medical conditions were caused or exacerbated by tobacco use.
discussed Cited as authority (rule) McMahon v. McMahon
Del. · 2025 · confidence medium
Those statements are those which: “(1) malign one in a trade, business or profession, (2) impute a crime, (3) imply that one has a loathsome disease, or (4) impute unchastity to a woman[.]”10 5 Id. (quoting Clinton v. Enterprise Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 6 Mullen v. Alarmguard of Delmarva, Inc., 625 A.2d 258, 262 (Del. 1993). 7 Spence v. Funk, 396 A.2d 967, 970 (Del. 1978). 8 Page v. Oath, Inc., 270 A.3d 833 , 842 (Del. 2022) (quoting Doe v. Cahill, 884 A.2d 451, 463 (Del. 2005)). 9 Spence 396 A.2d at 970 . 10 Id. 4 (10) Plaintiff claims that the statements made by De…
cited Cited as authority (rule) North American Fire Ultimate Holdings, LP v. Alan Doorly
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 19 Dkt. 22 (“Def.’s Opening Br.”) at 2, 11–18. 20 Shilling v. Shilling, 2024 WL 4960326 , at *5 (Del.
discussed Cited as authority (rule) Michael Blue v. Tilray Brands, Inc.
Del. Ch. · 2025 · confidence medium
Rent-A-Car Co., 977 A.2d 892, 895 (Del. 2009)). 6 Plaintiffs argue that the Release unambiguously covers the Founders’ Guarantee because, at a minimum, it is “related to” both “the Reorganization and the Merger Agreement.”30 Defendants deny that the Release covers the Founders’ Guarantee, argue that the Release is ambiguous, and say that extrinsic evidence favors their position.
discussed Cited as authority (rule) McCann-Cross v. Dover EMS
Del. Super. Ct. · 2025 · confidence medium
Corp., 441 A.2d 226, 227 (Del. 1982)). 7 Deuley v. DynCorp Int’l, Inc., 8 A.3d 1156, 1160 (Del. 2010) (quoting Clinton v. Enterprise Rent– A–Car Co., 977 A.2d 892, 895 (Del. 2009)). 8 Savor, Inc., 812 A.2d at 896–97. 3 As to Kent EMS’s statutes of limitations defenses, the General Assembly limits parties’ rights to assert claims by statutorily imposing deadlines for filing those claims.9 The Court has no power to consider claims that were not filed within the prescribed time periods.
Retrieving the full opinion text from the archive…
Richard CLINTON, Individually, and as the Administrator of the Estate of Kelly Clinton, Plaintiff Below, Appellant,
v.
ENTERPRISE RENT-A-CAR CO. and Anthony Gene Shamblin, Defendants Below, Appellees
208, 2009.
Supreme Court of Delaware.
Jul 29, 2009.
977 A.2d 892
Jeffrey K. Bartels, Esquire, Wilmington, DE, and Kenneth W. Richmond, Esquire, Richmond & Hevenor, Philadelphia, PA, for appellant., James S. Yoder, Esquire, and William L. Doerler, Esquire, White and Williams LLP, Wilmington, DE, for appellee Enterprise Leasing Company of Baltimore.
Holland, Jacobs, Ridgely.
Cited by 188 opinions  |  Published
HOLLAND, Justice:

The plaintiff-appellant, Richard Clinton, appeals from the judgments of the Superi- or Court dismissing his personal injury action against the defendants-appellees, Enterprise Rent-A-Car Co. (“Enterprise”)[*894] and Anthony Gene Shamblin, pursuant to Superior Court Civil Rule 12(b)(6). [1] Clinton makes three arguments on appeal. First, he contends that the Superior Court erred in applying Delaware’s statute of limitations to this action, instead of Maryland’s. Second, he contends that the Superior Court erred in finding that Maryland courts would have dismissed his claim under Rule 12(b)(6). Third, he contends that the Superior Court erred in denying his motion for a default judgment against Shamblin and by permitting Shamblin to assert the statute of limitations as an affirmative defense for the first time more than a year after the time for filing a responsive pleading had expired.

We have concluded the Superior Court correctly determined that Delaware law applies. Consequently, it is unnecessary to address Clinton’s second claim. We also have determined that Clinton’s third claim is without merit. Therefore, the judgments of the Superior Court are affirmed.

Facts and Procedural History

Enterprise is a Maryland corporation that rents vehicles in Elkton, Maryland. [2] On February 15, 2005, Enterprise rented a Dodge Ram pickup truck to a customer of Roger’s Custom Body Shop (“Roger’s”). When the customer returned the truck to Roger’s later that day, Enterprise instructed a Roger’s employee to move the truck outside of Roger’s fenced-in parking lot so that the truck could be picked up after hours by one of Enterprise’s employees. Pursuant to Enterprise’s instructions, the Roger’s employee left the truck, unlocked and with the keys in the visor, in an adjacent unfenced parking lot. The truck was subsequently stolen. On February 21, 2005, Enterprise reported the truck missing to the Elkton Police Department.

On March 2, 2005, defendant Anthony Gene Shamblin was driving the stolen Dodge Ram pickup truck along Route 72 in Delaware. Shamblin turned into the right-of-way of an oncoming car driven by Kelly Clinton (“Clinton”), and their vehicles collided. On March 4, 2005, Clinton died as a result of the injuries she received in the crash.

Complaint Dismissed

On January 29, 2008, Richard Clinton, as administrator of Kelly Clinton’s estate, filed a complaint against Enterprise and Shamblin in the Superior Court of Delaware, alleging Enterprise’s responsibility for Kelly Clinton’s personal injuries and wrongful death. [3] The Superior Court engaged in a conflict of laws analysis, determining that Clinton’s cause of action arose from the accident in Delaware on March 2, 2005, and not from Enterprise’s alleged negligence in leaving the keys in the unattended pickup truck in Maryland on February 15, 2005. [4] This distinction was dis-positive, because Delaware has a two-year statute of limitations for both personal injury and wrongful death actions, whereas Maryland’s statute of limitations for the same causes of action is three years. [5] As[*895] Clinton’s estate did not file its complaint in Delaware until January 29, 2008, the Superior Court found that Clinton’s claim was barred by Delaware’s statute of limitations and dismissed Clinton’s claim against Enterprise pursuant to Superior Court Civil Rule 12(b)(6).

Standard of Review

We review a decision to grant a motion to dismiss under Rule 12(b)(6) de novo to “determine whether the trial judge erred as a matter of law in formulating or applying legal precepts.” [6] Dismissal is appropriate only if it appears “with reasonable certainty that, under any set of facts that could be proven to support the claims asserted, the plaintiff would not be entitled to relief.” [7] In reviewing the grant or denial of a motion to dismiss, we view the complaint in the light most favorable to the non-moving party, accepting as true its well-pled allegations and drawing all reasonable inferences that logically flow from those allegations. [8] We do not, however, simply accept conclusory allegations unsupported by specific facts, nor do we draw unreasonable inferences in the plaintiffs favor. [9]

Delaware Law Controls

Clinton argues that the Superior Court erred in applying the “most significant relationship test” to determine whether Maryland or Delaware law applies in this action; rather than applying Delaware’s borrowing statute, which appears in title 10, section 8121 of the Delaware Code. [10] In Travelers Indemnity Co. v. Lake, this Court abolished the “automatic lex loci delecti choice of law standard.” [11] In its place, we adopted section 145 of the Restatement (Second) of Conflicts as the basis for determining which state has the most significant relationship to the occurrence and the parties. [12]

We hold that the Superior Court properly applied that analysis to the facts of this case. [13] For personal injury actions, the law of the state where the injury occurred is presumed to control unless another state has a more significant relationship. [14] In Clinton’s case, the Superior Court correctly determined that the presumption had not been rebutted. Therefore, the Superior Court properly concluded that Delaware’s statute of limitations[*896] and substantive law applied to Clinton’s action.

Notwithstanding our holding, we will address Clinton’s alternative argument. Clinton claims that if the Superior Court had applied title 10, section 8121 of the Delaware Code to the facts of this case, the court would have concluded that Maryland’s three-year statute of limitations controlled. That argument is without merit. Section 8121 provides:

Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose, for bringing an action upon such cause of action. Where the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply. [15]

Clinton argues that section 8121 applies because the cause of action arose in Maryland, not in Delaware. To the contrary, although Enterprise requested that the keys be left in the vehicle in Maryland on February 15, 2005, Clinton’s cause of action did not accrue under Delaware law until March 2, 2005, when her injury occurred. [16] As Clinton concedes, [17] prior to that date, there was no cause of action. Thus, Clinton’s injury arose in Delaware. Because Clinton’s cause of action arose in Delaware, title 10, section 8121 of the Delaware Code does not apply.

Even if Clinton’s cause of action against Enterprise arose in Maryland, section 8121 still would not require the application of Maryland law. It is undisputed that at both the time the key was left in the truck and the time the accident occurred, Clinton was a Delaware resident. Section 8121 unambiguously states that “[wjhere the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply.” [18] Therefore, even if the cause of action arose in Maryland, section 8121 would dictate that Delaware’s statutes of limitations applies.

Applying Delaware’s statute of limitations, we hold that Clinton’s claims are barred. Delaware has a two-year statute of limitations for both personal injury and wrongful death actions. [19] Clinton’s cause of action arose on March 2, 2005, but her estate did not file its complaint until January 29, 2008. Thus, as a matter of Delaware law, Clinton’s claims are untimely.

[*897] Default Judgment Denied

The individual defendant-appellee, Anthony Gene Shamblin, has not participated in this appeal. Clinton argues that the Superior Court erred in denying its motion for a default judgment against Shamblin and in granting Shamblin’s pro se motion to dismiss. After the Superior Court granted Enterprise’s motion to dismiss, Clinton filed a motion for a default judgment against Shamblin. In response to that motion, Shamblin filed a pro se response that included seven paragraphs. In the first paragraph of his pro se response, Shamblin asserted “that the statute of limitations had expired on this case since the accident occurred on March 2, 2005, as it did with Enterprise Rent-A-Car co-defendant in this case.”

The Superior Court had the discretionary authority to accept Shamblin’s pro se response as an appearance that precluded the entry of a default judgment. [20] The Superior Court also had the authority to deem the pro se reference to Enterprise and its prior ruling on the statute of limitations as adopting the successful arguments that had been made by Enterprise. In fact, the final paragraph of Shamblin’s pro se response stated “Per Statute of limitations I am requesting this Civil Action be dismissed without further cause.”

Clinton’s motion for a default judgment was filed after the Superior Court held that the cause of action against Enterprise was barred by the Delaware statute of limitations. The final paragraph in Sham-blin’s pro se response was a motion to dismiss based upon the Superior Court’s decision in favor of Enterprise. The Superior Court acted properly by declining to enter a default judgment against Shamblin in the same untimely cause of action that had been dismissed as to Enterprise and, instead, by also dismissing the action against Shamblin.

Conclusion

The judgments of the Superior Court are affirmed.

2

. The defendant-appellee asserts that it is improperly named in the complaint as Enterprise Rent-A-Car; its correct name is "Enterprise Leasing Company of Baltimore.”

3

. Complaint, Clinton v. Enterprise Rent-A-Car Co., C.A. No. 08C-01-296 (Del.Super.Ct. Jan. 29, 2008).

4

. Clinton v. Enterprise Rent-A-Car Co., No. 08C-01-296, at 3 (Del.Super.Ct. Aug. 7, 2008) (concluding that the "cause of action ... did not accrue under Delaware law until March 2, 2005”) (citing Rose Hall, Ltd. v. Chase Manhattan Overseas Banking Corp., 494 F.Supp. 1139, 1157 (D.Del.1980)).

5

. Compare Del.Code Ann. tit. 10, § 8107 (wrongful death), and Del.Code Ann. tit. 10[*895] § 8119 (personal injury), with Md.Code. Ann., Courts & Judicial Proceedings § 5-101.

6

. Feldman v. Cutaia, 951 A.2d 727, 730-31 (Del.2008) (quoting Dunlap v. State Farm Fire & Cas. Co., 878 A.2d 434, 438 (Del.2005)).

7

. Feldman v. Cutaia, 951 A.2d at 731 (quoting VLIW Tech., LLC v. Hewlett-Packard Co., 840 A.2d 606, 610-11 (Del.2003); McMullin v. Beran, 765 A.2d 910, 916 (Del.2000)).

9

. Id. (citing White v. Panic, 783 A.2d 543, 549 (Del.2001)); In re General Motors (Hughes) S’holder Litig., 897 A.2d 162, 168 (Del.2006).

11

. Travelers Indem. Co. v. Lake, 594 A.2d 38, 46 (Del.1991).

12

. Travelers Indem. Co. v. Lake, 594 A.2d at 47 (citing Restatement (Second) of Conflicts § 145 (1971)).

13

. Although the Superior Court mistakenly referred to Enterprise as a Delaware corporation rather than a Maryland corporation, that fact would not change the outcome of the court’s analysis.

14

. Turner v. Lipschultz, 619 A.2d 912, 914-15 (Del. 1992) (citing Travelers Indem. Co. v. Lake, 594 A.2d at 47); see Thornton v. Boswell, 1995 WL 656807, at *2 (Del.Super.Ct. Nov.6, 1995). Sections 145(1) and (6) of the Restatement (Second) of Conflicts identify the relevant factors to consider when analyzing a choice of law question. See Restatement (Second) of Conflicts § 145(1), (6) (1971); Turner v. Lipschultz, 619 A.2d at 914-15; Thornton v. Boswell, 1995 WL 656807, at *2.

16

. Clinton v. Enterprise Rent-A-Car Co., C.A. No. 08C-01-296, at 3 (Del.Super.Ct. Aug. 7, 2008) (citing Rose Hall Ltd. v. Chase Manhat tan Overseas Banking Corp., 494 F.Supp. 1139, 1157 (D.Del.1980)); see Kaufman v. C.L. McCabe & Sons, Inc., 603 A.2d 831, 834 (Del. 1992) ("A cause of action in tort accrues at the time of injury.”); Annone v. Kawasaki Motor Corp., 316 A.2d 209 (Del. 1974) ("The cause of action arose on May 19, 1970 when plaintiff allegedly sustained personal injuries in a fall from a malfunctioning motorcycle which had been manufactured by defendant Kawasaki ... and purchased by plaintiff from Delaware Cycle Center.”).

17

. Brief of Plaintiff-Below/Appellant at 13, Clinton v. Enterprise Rent-A-Car Co., No. 208, 2009 (Del. May 22, 2009) (stating that "the Superior Court's conclusion that because the 'personal injury action could not have been initiated until March 2, 2005, the place where the injury occurred cannot have been the place where Enterprise's alleged negligence occurred, i.e., Maryland’ is almost certainly true”).

19

. See Del.Code Ann. tit. 10, §§ 8119 (personal injury), 8107 (wrongful death).

20

. Delaware Sand & Gravel Co. v. Bryson, 414 A.2d 207, 207-08 (Del. 1980).