SCHORAH v. CAREY


331 A.2d 383 (1975)

Joseph J. SCHORAH, Jr., and Joseph J. Schorah, Sr., Individually and as guardian ad litem of Joseph J. Schorah, Jr., Plaintiffs Below, Appellants, v. Charles E. CAREY et al., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided January 3, 1975.


Attorney(s) appearing for the Case

Morton Richard Kimmel and Paul H. Spiller, Kimmel, Spiller & Bradley, P.A., Wilmington, for plaintiffs below, appellants.

Joseph H. Flanzer, Flanzer & Isaacs, Wilmington, for Charles E. Carey and Sarah C. Carey, defendants below, appellees.

Dennis D. Ferri, Becker, Kipp & Ferri, Wilmington, for Albert Bendistis and Roberta Bendistis, defendants below, appellees.

Before HERRMANN, Chief Justice, and DUFFY and McNEILLY, Associate Justices.


DUFFY, Justice:

This appeal brings up for review an order of the Superior Court granting summary judgment to defendants in an action for personal injuries sustained by an eight-year-old child. The pertinent facts appear in the opinion of the Trial Court, Del. Super., 318 A.2d 610 (1974).

The Court tested plaintiffs' right to recovery against the provisions of the Restatement of Torts § 339 (2d ed.). We approve the rule...

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