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YACUCCI v. TENHOOPEN

550 A.2d 327 (1988)

Dorothy E. YACUCCI and Philip J. Yacucci, Plaintiffs, v. Anne Blackstone TENHOOPEN and Margaret Blackstone Walser, Defendants and Third-Party Plaintiffs, v. CITY OF WILMINGTON, Third-Party Defendant.

Superior Court of Delaware, New Castle County.

Decided: February 22, 1988.

Attorney(s) appearing for the Case

Leonard L. Williams and Wagner D. Jackson, Wilmington, for plaintiffs.

Colin M. Shalk of Tybout, Redfearn, Casarino & Pell, Wilmington, for defendants and third-party plaintiffs.

BALICK, Judge.

This is an action claiming damages for personal injury. Dorothy E. Yacucci was injured when she slipped and fell on loose cement on a public sidewalk. The abutting landowners have moved for summary judgment on the ground that they do not owe a duty to the public to repair a defect in the sidewalk, in the absence of a statute or ordinance to the contrary. Massey v. Worth, Del.Super., 197 A. 673 (1938...

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