LOATMAN v. PATILLO


401 A.2d 91 (1979)

Donald L. LOATMAN, Plaintiff Below, Appellant, v. Doris A. PATILLO, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided April 6, 1979.


Attorney(s) appearing for the Case

Robert Thurston Barrett, of Barrett & Barrett, Dover, for plaintiff below, appellant.

Nicholas H. Rodriguez, of Schmittinger & Rodriguez, Dover, for defendant below, appellee.

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


PER CURIAM:

Although it is not reflected in the trial transcript, it appears undisputed that following the retirement of the jury to consider its verdict, a note was passed from the jury to the Trial Judge. The Trial Judge evidently responded in some fashion to the note. Thereafter the jury rendered its verdict through its forelady as follows:

"MADAM FORELADY: The jury finds negligence on the part of the defendant. We award the plaintiff in the amount of...

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