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GIBSON v. KEITH

492 A.2d 241 (1985)

John E. GIBSON, individually and trading as John E. Gibson-Victor G. Trapasso Limited Partnership, Victor G. Trapasso, individually and trading as John E. Gibson-Victor G. Trapasso Limited Partnership, Gerald Wilgus, individually and trading as John E. Gibson-Victor G. Trapasso Limited Partnership, Defendants-Appellants, v. Richard KEITH, Sr., Margaret Keith and Richard Keith, Jr., Plaintiffs-Appellees, and Melvin L. Joseph Construction Co., a Delaware corporation, Defendant-Appellee.

Supreme Court of Delaware.

Decided: April 26, 1985.

Attorney(s) appearing for the Case

F. Alton Tybout (argued) of Tybout, Redfearn, Casarino & Pell, Wilmington, for defendants-appellants.

Bruce M. Stargatt (argued), Arthur Inden, Richard A. Zappa, and James L. Patton, Jr. of Young, Conaway, Stargatt & Taylor, Wilmington, for plaintiffs-appellees.

Before HORSEY, MOORE and CHRISTIE, JJ., and HARTNETT and WALSH, Vice Chancellors.

HORSEY, Justice:

This interlocutory appeal of a personal injury suit pending before trial in Superior Court was accepted to determine a limited issue of statutory construction: What property owners are entitled to invoke the provisions of 7 Del.C., chapter 59 in defense of tort claims asserted by strangers injured on private property in the course of recreational pursuits?

The suit arises from a swimming accident...

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