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MOUNT VERNON FIRE INS. v. PIED PIPER, ETC.

445 A.2d 949 (1982)

MOUNT VERNON FIRE INSURANCE CO., Plaintiff, v. PIED PIPER KIDDIE RIDES, INC., a New Jersey corporation, Food Fair, Inc., d/b/a Pantry Pride, a Pennsylvania corporation, Hope Y. Bodan and Robert Bodan, individually and as next friends of Susan R. Bodan, a minor, Defendants.

Superior Court of Delaware, New Castle County.

Decided April 7, 1982.

Attorney(s) appearing for the Case

Richard W. Pell, of Tybout, Redfearn, Casarino, & Pell, Wilmington, for plaintiff.

Victor F. Battaglia, and Wayne A. Marvel, of Biggs & Battaglia, Wilmington, for defendant Pied Piper Kiddie Rides, Inc.

CIVIL ACTION

O'HARA, Judge.

The parties have filed cross-motions for summary judgment in a declaratory judgment suit filed by Mount Vernon Insurance Company ("Mount Vernon"). The questions presented are whether the bodily injury alleged by Susan R. Bodan ("Bodan"), minor plaintiff in Bodan v. Food Fair, Inc., Del.Super., C.A. No. 78C-MY-99 (1978), falls within the products hazard exclusion of the Owner's, Landlord's, and Tenant's Liability Policy...

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