MERGENTHALER, INC. v. JEFFERSON


332 A.2d 396 (1975)

MERGENTHALER, INC., a Delaware Corporation, Defendant Below, Appellant, v. Appolonia JEFFERSON and William Jefferson, her husband, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided January 24, 1975.


Attorney(s) appearing for the Case

Donald W. Booker, Wilmington, for defendant below, appellant.

James A. Fuqua, Jr., Walsh & Monzack, Wilmington, for plaintiffs below, appellees.

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


DUFFY, Justice:

This appeal brings up for review an order of the Superior Court granting a motion under Civil Rule 15(c), Del.C.Ann., to amend the complaint.

I

On March 12, 1971 plaintiffs filed a complaint for personal injuries against Mergenthaler, Inc., a Delaware corporation wholly owned by Lawrence E. Mergenthaler; he was served on March 16, 1971.

The injuries were allegedly sustained by plaintiff Appolonia Jefferson while she

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