LIPSCOMB v. DIAMIANI


226 A.2d 914 (1967)

Clarence E. LIPSCOMB and M. Blanche Lipscomb, Plaintiffs, v. Jeanne S. DIAMIANI, Defendant.

Superior Court of Delaware, New Castle.

February 24, 1967.


Attorney(s) appearing for the Case

Thomas G. Hughes, Wilmington, for plaintiffs.

Morton R. Kimmel, Wilmington, for defendant.


QUILLEN, Judge.

This cause of action is based on negligence and arises out of an automobile accident. In the pre-trial order of January 12, 1967, the Court recognized a defense motion to amend her answer to include "a second affirmative defense, failure of plaintiffs to wear seat belts". Actually only the plaintiff wife was injured and thus the proposed amendment goes only to her conduct.

On February 15, 1967, counsel for the defendant provided the Court with...

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