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TEW v. SUN OIL CO.

407 A.2d 240 (1979)

Gilbert L. TEW, Jr., and Virginia K. Tew, Plaintiffs, v. SUN OIL COMPANY, Sun Gas Company, Inc., Sunmark Industries, Inc., Sun Oil Company of Pennsylvania and Sun Petroleum Products Company, Inc., Defendants.

Superior Court of Delaware, New Castle County.

Decided September 13, 1979.

Attorney(s) appearing for the Case

S. Bernard Ableman and Henry E. Gallagher, Jr., of Connolly, Bove & Lodge, Wilmington, for plaintiffs.

James W. Semple, of Flanzer & Isaacs, Wilmington, for defendants.

O'HARA, Judge.

This is a personal injury action for damages allegedly resulting from defendants' failure to properly maintain an asphalt loading apparatus. Plaintiff Gilbert L. Tew, Jr. ("Tew"), was employed by Artic Roofing, Inc. as a truck driver, and sustained injuries at defendants' refinery in Marcus Hook, Pennsylvania. Defendants have moved for summary judgment, contending that Tew assumed the risk of injury by knowingly...

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