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BARNES v. TOWLSON

405 A.2d 137 (1979)

Brenda Jo BARNES and Charles Barnes, Plaintiffs, v. Carol B. TOWLSON and Monumental Life Insurance Company, A Maryland Corporation, Defendants.

Superior Court of Delaware, Kent County.

Decided June 8, 1979.

Attorney(s) appearing for the Case

Douglas B. Catts, of Schmittinger & Rodriguez, Dover, for plaintiffs.

Wayne N. Elliott, of Prickett, Sanders, Jones, Elliott & Kristol, Wilmington, for defendant Towlson.

William F. Taylor, and David C. McBride, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant Monumental Life Ins. Co.

O'HARA, Judge.

Defendant, Monumental Life Insurance Company ("Monumental") has moved for summary judgment alleging that, as a matter of law, it is not vicariously liable for the alleged torts of defendant Carol B. Towlson ("Towlson"), or in the alternative, that she was not Monumental's servant nor was she acting within the scope of her employment at the time the accident occurred.

This personal injury action arises...

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