YARRINGTON v. THORNBURG


205 A.2d 1 (1964)

Edna YARRINGTON, Plaintiff Below, Appellant, v. Joseph F. THORNBURG, Robert Joseph Dvorak and Frank Muller, Defendants Below, Appellees.

Supreme Court of Delaware.

November 11, 1964.


Attorney(s) appearing for the Case

Bruce M. Stargatt and Richard H. May, of Morford, Young & Conaway, Wilmington, for appellant.

Warren B. Burt, of Prickett & Prickett, Wilmington, for appellee Thornburg.

George L. Sands, Wilmington, for appellees Dvorak and Muller.

WOLCOTT and CAREY JJ., and MARVEL, Vice-Chancellor, sitting.


CAREY, Justice.

This appeal from the Superior Court for New Castle County seeks reversal of an order which reduced the amount of a judgment against a tortfeasor, the reduction representing the sum paid to the plaintiff for a portion of her medical expenses under a policy of insurance carried by the tortfeasor.

The question presented is whether a tortfeasor is entitled to a credit, in reduction of damages, for payments made to the injured person on account...

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