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LOPER v. STREET

412 A.2d 316 (1980)

Donald Wayne LOPER, Plaintiff Below, Appellant, v. Gerald I. STREET et al., Defendant and Third-Party-Plaintiff Below, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Third-Party Defendant Below, Appellee.

Supreme Court of Delaware.

Decided February 1, 1980.

Attorney(s) appearing for the Case

Robert B. Young, of Young & Schwartz, Dover, for plaintiff below, appellant.

Nicholas H. Rodriguez and Catherine T. Hickey, of Schmittinger & Rodriguez, P. A., Dover, for defendants below, appellees.

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

HERRMANN, Chief Justice:

In this appeal, the question is whether the plaintiff was a "guest", as a matter of law, within the meaning of that term as used in the Delaware Automobile Guest Statute, 21 Del.C. § 6101(a).1

I.

The plaintiff, Donald Wayne Loper, was a passenger in an automobile which was involved in a head-on collision with another vehicle. The driver of...

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