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LAWS v. WEBB

No. 211, 1994.

658 A.2d 1000 (1995)

Diane C. LAWS, Plaintiff Below, Appellant, v. Barbara J. WEBB, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 12, 1995.

Attorney(s) appearing for the Case

I. Barry Guerke, Parkowski, Noble & Guerke, P.A., Dover, for appellant Diane C. Laws.

James W. Semple, Morris, James, Hitchens & Williams, Wilmington, for appellee Barbara J. Webb.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en banc.

WALSH, Justice:

In this appeal from the Superior Court, we address, inter alia, whether the common law doctrine of last clear chance was abrogated by the legislative adoption of comparative negligence in Delaware. We conclude that the doctrine of last clear chance, both in theory and application, is incompatible with the principles of comparative fault which underlie the Delaware statute (10 Del.C. § 8132...

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