CUMBERBATCH v. BD. OF TRUSTEES, ETC.


382 A.2d 1383 (1978)

Everson CUMBERBATCH, Plaintiff, v. BOARD OF TRUSTEES, DELAWARE TECHNICAL & COMMUNITY COLLEGE, a Delaware State Agency, Board of Trustees, Individually, Mr. William A. Carter (Chairman), Mrs. Barbara Wilhide, Mrs. Louise Lamberti, Mr. John Miorano, Mrs. Joan Lindell, Mrs. Annabel Moore, Mr. Charles L. Simms, Ernest DiSabatino & Sons, Inc., a Delaware Corporation, Union Wholesale Company, a Delaware Corporation, Universal Floors, Inc., in the State of Delaware, Defendants.

Superior Court of Delaware, New Castle.

Decided February 14, 1978.


Attorney(s) appearing for the Case

Angelo Falasca, Wilmington, for plaintiff.

James T. McKinstry, Richards, Layton & Finger, Wilmington, for defendant Bd. of Trustees of Del. Technical and Community College.

Richard P. S. Hannum, Prickett, Ward, Burt & Sanders, Wilmington, for defendant Ernest DiSabatino & Sons, Inc.

Richard Galperin, Flanzer & Issacs, Wilmington, for defendant Union Wholesale Co.

Stephen B. Potter, Potter & Carmine, Wilmington, for defendant Universal Floors, Inc.


O'HARA, Judge.

The plaintiff, Everson Cumberbatch, was injured in July, 1975, when he allegedly slipped and fell in a building on the campus of the Delaware Technical and Community College ("Del Tech"). Plaintiff was attending class on the day he was injured. At that time there was construction activity taking place on the campus.

Several parties shared responsibility for the Del Tech construction project: Del Tech...

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