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TOLL BROS., INC. v. CONSIDINE

No. 148, 1997.

706 A.2d 493 (1998)

TOLL BROTHERS, INC., Defendant and Third Party Plaintiff Below, Appellant, v. Scott CONSIDINE and Shawn Considine, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: February 9, 1998.

Attorney(s) appearing for the Case

Daniel L. McKenty, Wendelburg, McCullough & McKenty, P.A., Wilmington, for Appellant.

Douglas B. Catts and Noel E. Primos, (argued), Schmittinger & Rodriguez, P.A., Dover, for Appellees.

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 an issue of first impression in this Court: Is a violation of the Occupational Safety and Health Act, 29 U.S.C. §§ 651-678 ("OSHA"), negligence per se or mere evidence of negligence? We conclude that, in light of common law standards and the interplay between Delaware and Federal statutory enactments, OSHA violations may constitute some evidence...

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