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AMOROSO v. JOY MFG. CO.

531 A.2d 619 (1987)

Re Anita AMOROSO, Individually and as Administratrix of the Estate of Vito C. Amoroso, III, and Vito C. Amoroso, IV, by his Next Friend, Anita Amoroso v. JOY MANUFACTURING COMPANY, Sullivan Machinery Company, Otto R. Medinilla, M.D., and The Medical Center of Delaware, Inc.

Superior Court of Delaware.

Decided: August 31, 1987.

Attorney(s) appearing for the Case

Paul Cottrell, Howard M. Berg, Howard M. Berg & Associates, P.A., Wilmington, for Amoroso.

Robert J. Katzenstein, Lassen, Smith, Katzenstein & Furlow, Wilmington, for Joy Mfg. Co.

William J. Cattie, Heckler & Cattie, Wilmington, for Sullivan Machinery Co.

BABIARZ, Judge.

This is in response to a motion to dismiss and/or motion for summary judgment by defendants Joy Manufacturing Company (hereinafter "Joy") and Sullivan Machinery Company. The underlying action is a wrongful death action and a survival action. For the following reasons the defendant's motion is granted.

Vito C. Amoroso, III (hereinafter "decedent") was in June of 1984 employed by Elphinstone, Inc. of New Castle, Delaware. Elphinstone is engaged...

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