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PIETUSZKA AND GALLUCIO BUILDERS, INC. v. McTAGGART

333 A.2d 164 (1975)

PIETUSZKA AND GALLUCIO BUILDERS, INC., a Delaware Corporation, Defendant below, Appellant, v. Judith McTAGGART, a minor, by Edward McTaggart, her next friend and Edward McTaggart, Individually, Plaintiffs below, Appellees. KERSHAW EXCAVATING CO., a Delaware Corporation, and Pietuszka and Gallucio Builders, Inc., a Delaware Corporation, Defendants below, Appellants, v. Judith McTAGGART, a minor, by Edward McTaggart, her next friend and Edward McTaggart, Individually, Plaintiffs below, Appellees.

Supreme Court of Delaware.

Decided February 7, 1975.

Attorney(s) appearing for the Case

Wayne N. Elliott and John H. Small, Prickett, Ward, Burt & Sanders, Wilmington, for Pietuszka and Gallucio Builders, Inc., defendant below, appellant.

William F. Taylor, Young, Conaway, Stargatt & Taylor, Wilmington, for Kershaw Excavating Co., defendant below, appellant.

Sheldon N. Sandler, Bader, Dorsey & Kreshtool, Wilmington, and Allen J. Beckman, of Shuster & Beckman, Philadelphia, Pa., for plaintiffs below, appellees.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

DUFFY, Justice:

In this personal injury action, defendants appeal from an order of the Superior Court denying their motions for summary judgment.

I

Judith McTaggart, a six-year-old child, was injured when she fell from a mound of earth fifteen feet high formed by Kershaw Excavating Co. (Kershaw) under a contract with Pietuszka and Gallucio Builders, Inc. (P & G), the owner and general contractor for...

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