FAIRCLOTH v. RASH


317 A.2d 871 (1974)

Marvin FAIRCLOTH, Jr., and Richard Rice Trailer Co., Inc., Plaintiffs Below, Appellants, v. Donald RASH and Chambers' Dodge Truck Center, Inc., Defendants Below, Appellees. RICHARD RICE TRAILER CO., INC., Third Party Defendant Below, Appellant, v. Donald RASH and Chambers' Dodge Truck Center Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

January 21, 1974.


Attorney(s) appearing for the Case

Steven J. Rothschild, of Prickett, Ward, Burt & Sanders, Wilmington, for Marvin Faircloth, Jr., and Richard Rice Trailer Co., Inc., plaintiffs below.

Ernest V. Keith, Dover, for Richard Rice Trailer Co., Inc., third party defendant below, appellants.

Samuel R. Russell, Wilson & Russell, Wilmington, for Chambers' Dodge Truck Center, Inc., defendant below, appellee.

HERRMANN, Chief Justice, and CAREY and DUFFY, Associate Justice, sitting.


PER CURIAM:

The critical question in these appeals is whether the Superior Court correctly applied the "borrowed-servant" doctrine in granting summary judgment to defendants.

The complaint is based on negligence resulting in substantial fire damage and that claim and its causal relationship to an alleged injury are ordinarily issues of fact for the jury. Cf. Collins v. F. W. Woolworth Co., Del.Supr., 295 A.2d 732 (1972); Vanaman...

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