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MORRIS v. AVALLONE

272 A.2d 344 (1970)

Doretha MORRIS, a minor child, by her mother and next friend, Gladys Morris, and Gladys Morris, individually, Plaintiffs, v. Francis E. AVALLONE and Bradford, Inc., a corporation of the State of Delaware, d/b/a Howard Johnson's, Defendants.

Superior Court of Delaware, New Castle.

December 15, 1970.

Attorney(s) appearing for the Case

Wayne N. Elliott of Prickett, Ward, Burt & Sanders, Wilmington, for plaintiffs.

Helen S. Balick, of the Legal Aid Society, of Wilmington, for defendant Francis E. Avallone.

James T. McKinstry of Richards, Layton & Finger, Wilmington, for defendant Bradford, Inc.

STIFTEL, President Judge.

Motion by defendant Avallone for a protective order under Rule 30(b) to prevent the plaintiffs from deposing Richard E. Samworth, Assistant Director of the Vocational Rehabilitation Division, Department of Public Instruction. Defendant claims that all matters as to which Mr. Samworth could testify are privileged.

The relevant facts are undisputed. In September of 1967 the plaintiff was struck by an automobile operated by defendant...

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