TRIPLE C RAILCAR SERVICE v. WILMINGTON


630 A.2d 629 (1993)

TRIPLE C RAILCAR SERVICE, INC., Plaintiff Below, Appellant, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: August 25, 1993.


Attorney(s) appearing for the Case

C. Scott Reese (argued), Cooch and Taylor, Wilmington, for plaintiff appellant.

Jeffrey S. Goddess (argued), Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, for defendant appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en banc.


WALSH, Justice:

In this appeal from the Superior Court, we examine the question of governmental immunity under the County and Municipal Torts Claim Act, 10 Del.C. § 4010 et seq. The appellant, Triple C Railcar Service, Inc. ("Triple C"), contends that the Superior Court erred in granting summary judgment in favor of the City of Wilmington ("City") in an action for damages for the City's alleged negligence...

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