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WEALTH v. RENAI

Civil Action No. 637, 1954.

114 A.2d 807 (1955)

Jacob WEALTH and H. V. Higley, Administrator of Veterans' Affairs, an Officer of the United States of America, Plaintiffs, v. Frank J. RENAI, Defendant.

Superior Court of Delaware, New Castle.

February 18, 1955.

Attorney(s) appearing for the Case

J. Paul Green, Wilmington, for plaintiffs.

William Prickett, Wilmington, for defendant.

LAYTON, Judge.

I confine myself to a consideration of defendant's second ground for summary judgment, namely, may a personal injury claim be split by partial assignment? The rule, with but a few exceptions in cases with facts not here present, is that a tort action may not be split. As said in 1 C.J.S., Actions, § 104, p. 1329:

"The rule against splitting causes of action applies to causes of action arising...

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