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SEARS, ROEBUCK AND CO. v. FACCIOLO

320 A.2d 347 (1974)

SEARS, ROEBUCK AND CO., a New York corporation, and Albert Degen, Defendants Below, Appellants, v. James FACCIOLO, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided July 1, 1974.

Attorney(s) appearing for the Case

James F. Kipp, of Becker, Kipp & Ferri, Wilmington, for defendants below, appellants.

William H. Bennethum and John A. Faraone, Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., DUFFY, J., and BROWN, Vice Chancellor.

DUFFY, Justice:

Plaintiff sustained personal injuries when the motor vehicle he was driving was struck in the rear by a vehicle owned by Sears, Roebuck and Co. and operated by its employee, Albert Degen (defendants). The Court below directed a verdict for plaintiff on the issue of liability and a jury awarded damages totaling $25,313.95. Defendants appeal both aspects of the case.

I

As to liability, we agree...

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