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JOSEPH v. MONROE

419 A.2d 927 (1980)

Stephanie JOSEPH, a minor by her next friend, Anton Joseph, and Anton Joseph Individually, Plaintiffs Below, Appellants, v. Thelma MONROE, Jack Lewis, Alden B. Murray, Harold Short, Robert L. Tribbitt, Charles H. Mitchell, Charles N. Bireley, William Lambden and Donald T. Collins, comprising the Board of Education of the Indian River School District; Byron Phillips, Principal of the Sussex Central Junior High School; and Colleen Scrimshaw and Alfonso Stevenson, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided August 13, 1980.

Attorney(s) appearing for the Case

Harold Schmittinger (argued) and Douglas W. Lundblad, of Schmittinger & Rodriguez, P. A., Dover, for plaintiffs below, appellants.

Wayne N. Elliott (argued) Wilmington, of Prickett, Jones, Elliott & Kristol, Wilmington, for defendants below, appellees.

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

HERRMANN, Chief Justice:

In this appeal, we must decide whether the Superior Court committed reversible error when: (1) it failed to instruct the jury expressly to disregard a certain statement made during closing argument by counsel for the defendants; and (2) it refused to instruct the jury that actions of certain of the defendants could constitute negligence per se.

I...

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