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ESSICK v. BARKSDALE

Civ. A. No. 93-359 MMS.

882 F.Supp. 365 (1995)

Beverly ESSICK, individually and as Executrix of the Estate of Eva Smith, Deceased, and Mancill Smith, Plaintiffs, v. Nelson BARKSDALE and The Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter Day Saints, Defendants.

United States District Court, D. Delaware.

March 28, 1995.

Attorney(s) appearing for the Case

Edward B. Carter, Jr. of Kimmel, Weiss & Carter, P.A., Wilmington, DE, for plaintiffs.

Michael A. Pedicone of Dennis D. Ferri, P.A., Wilmington, DE, for defendant Nelson Barksdale.

B. Wilson Redfearn of Tybout, Redfearn & Pell, Wilmington, DE, for defendant Presiding Bishop of Church of Jesus Christ of Latter Day Saints.

Mason E. Turner, Jr. of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, DE, for defendant Nationwide Ins. Co.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

This is a civil diversity suit stemming from an automobile accident in which plaintiffs' decedent, Eva Smith, a citizen of Delaware, was killed when the car she was driving collided head-on with another car. Plaintiffs Beverly Essick and Mancill Smith, also citizens of Delaware, filed this action under 10 Del.C. § 3724, Delaware's wrongful death statute. Plaintiffs...

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