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McCALL v. VILLA PIZZA, INC.

636 A.2d 912 (1994)

Dwayne D. McCALL, Plaintiff Below, Appellant, v. VILLA PIZZA, INC., a Delaware corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 3, 1994.

Attorney(s) appearing for the Case

William D. Fletcher, Jr. (argued), Schmittinger & Rodriguez, P.A., Dover, for appellant.

Francis J. Jones, Jr. (argued), and Eileen K. Andersen, Morris, James, Hitchens & Williams, Wilmington, for 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's grant of summary judgment in favor of a tavern owner, we again face the issue of dram shop liability under Delaware law. However, we do so in the context of the plaintiff's reliance upon the duty imposed by the Restatement (Second) of Torts § 324 upon those who have taken charge of another who is helpless. The Superior Court held that subjecting the defendant to liability in the circumstances presented...

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