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MOFFITT v. CARROLL

No. 299, 1993.

640 A.2d 169 (1994)

Frank E. MOFFITT, Sr., Defendant Below, Appellant, v. Patricia A. CARROLL, and Lloyd C. Carroll, a minor, by his next friend, Patricia A. Carroll, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: April 18, 1994.

Attorney(s) appearing for the Case

Allan Wendelburg, Wilmington, for appellant.

James A. Erisman of Daley, Erisman & vanOgtrop, Wilmington, for appellees.

Before MOORE, WALSH and HOLLAND, JJ.

HOLLAND, Justice:

This is an appeal from a decision of the Superior Court. The plaintiffs-appellants are Lloyd C. Carroll ("Carroll"), a minor, and Patricia A. Carroll, his next friend. The defendant-appellee is Frank E. Moffitt, Sr. ("Moffitt").

Carroll filed a civil action against Moffitt on March 23, 1990. The complaint alleged that when Carroll attempted to cross the street near an intersection in Townsend, Delaware...

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