STERNER v. WESLEY COLLEGE, INC.

Civ. A. Nos. 88-508-JRR, 87-603-JRR.

747 F.Supp. 263 (1990)

Carolyn L. STERNER and Michael A. Sterner, Individually and as Administrator of the Estate of Christopher L. Sterner, deceased, Plaintiffs, v. WESLEY COLLEGE, INC., a domestic non-taxable granting institution, Edward H. McGee and Robert E. Rumsey, Defendants. Joseph MORGAN, Plaintiff, v. WESLEY COLLEGE, INC., a domestic non-taxable granting institution, Defendant, v. Robert RUMSEY and Edward H. McGee, Third Party Defendants.

United States District Court, D. Delaware.

September 14, 1990.


Attorney(s) appearing for the Case

Richard E. Poole and David L. Baumberger of Potter, Anderson & Corroon, Wilmington, Del., for plaintiffs Carolyn and Michael Sterner.

James S. Green of Connolly, Bove, Lodge & Hutz, Wilmington, Del., for plaintiff Joseph Morgan.

Benjamin C. Wetzel, III of Bailey & Wetzel, P.A., Wilmington, Del., for defendant Wesley College, Inc.

Stephen P. Casarino of Casarino, Christman & Shalk, Wilmington, Del., for defendant Edward H. McGee.

Michael Weiss of Kimmel, Weiss & Carter, P.A., Wilmington, Del., for defendant Robert E. Rumsey.


OPINION

ROTH, District Judge.

These consolidated diversity actions arise from a fire that broke out in a dormitory at Wesley College on April 12, 1987. As a result of that fire Christopher Sterner died and Joseph Morgan was injured. The parents of Christopher Sterner, with his father also acting as administrator of Christopher's estate, filed suit against Wesley College and against Edward McGee and Robert Rumsey, two students who plaintiffs claim were responsible...

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