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SINEX v. WALLIS

565 A.2d 1384 (1988)

James S. SINEX, Plaintiff, v. Andrew K. WALLIS and Norgas Sales and Service, Inc., Defendants and Third-Party Plaintiffs, v. W.S.P. COMBS, JR., AGENCY, Ellen Combs Davis, Aetna Life & Casualty Company, Utica Mutual Insurance Company, Third-Party Defendants.

Superior Court of Delaware, New Castle County.

Decided: August 1, 1988.

Attorney(s) appearing for the Case

Wayne N. Elliott, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for plaintiff.

Victor F. Battaglia, and Wayne A. Marvel, of Biggs & Battaglia, Wilmington, for third-party defendant Aetna Life & Cas.

Thomas J. Roman, of Kimmel, Spiller & Weiss, P.A., Wilmington, for defendants Andrew K. Wallis and Norgas Sales & Service, Inc.

James F. Kipp, of Trzuskowski, Kipp, Kelleher & Pearce, Wilmington, for third-party defendants W.S.P. Combs, Jr., Agency, Ellen Combs Davis, and Utica Mut. Ins. Co.

GEBELEIN, Judge.

This is an action pursuant to an alleged subrogation of rights from the plaintiff, James S. Sinex, to Nationwide Insurance Company (hereinafter, "Nationwide"). The rights which are the subject of the alleged subrogation arose out of a motor vehicle collision between the plaintiff and defendant, Andrew K. Wallis (hereinafter, "Wallis"), an employee of defendant Norgas Sales & Service, Inc. (hereinafter...

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