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FLOYD v. BALLENGER

258 A.2d 911 (1969)

Annie L. FLOYD and Joseph Floyd, Plaintiffs, v. Harvey L. BALLENGER, Defendant.

Superior Court of Delaware, New Castle.

October 22, 1969.

Attorney(s) appearing for the Case

Robert G. Carey and Steven J. Rothschild, of Prickett, Ward, Burt & Sanders, Wilmington, for plaintiffs.

Robert H. Richards, III, of Richards, Layton & Finger, Wilmington, for defendant.

STIFTEL, President Judge.

Delaware has a two year time limitation statute, 10 Del.C. § 8118,1 for a personal injury action. The question here is whether it applies to defendant's counterclaim for personal injuries and lost wages, caused by his inability to get to his New Jersey job when his car was being repaired.

The Floyds filed their complaint on January 31, 1968, based on an automobile accident which occurred on February...

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