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RIGSBY v. TYRE

380 A.2d 1371 (1977)

Donna RIGSBY, Mary Rigsby, Michael Rigsby and Grace Turner, Plaintiffs, v. John H. TYRE, III, Defendant.

Superior Court of Delaware, New Castle.

Decided November 18, 1977.

Attorney(s) appearing for the Case

Robert G. Carey of Prickett, Ward, Burt & Sanders, Wilmington, and Morton Richard Kimmel of Kimmel & Spiller, Wilmington, for plaintiffs.

Frank J. Miller, Wilmington, for defendant.

CHRISTIE, Judge.

This matter is before the Court on a motion for summary judgment by the plaintiff, Mrs. Donna Rigsby, as to the counterclaim filed by the defendant, Mr. John Tyre.

In a motion for a summary judgment, the facts will be construed in the light most favorable to the non-moving party.

At the time of the accident the plaintiff, Mrs. Rigsby, was driving an automobile in which her minor children, Mary (age 5) and Michael (age 3) and her mother...

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