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McCORMICK v. HODDINOTT

C.A. No. 03C-11-256 RRC.

865 A.2d 523 (2004)

Joseph McCORMICK and Carolyn McCormick, as Parents and Next Friends of Madeline L. McCormick, a minor, Plaintiffs, v. Joseph HODDINOTT and Adele Hoddinott, Defendants.

Superior Court of Delaware, New Castle County.

Decided: December 8, 2004.

Attorney(s) appearing for the Case

Richard A. DiLiberto, Young, Conaway, Stargatt & Taylor, L.L.P., Wilmington, DE, for Plaintiffs.

Robert K. Pearce, Ferry, Joseph & Pearce, P.A., Wilmington, DE, for Defendants.

OPINION

COOCH, J.

I. INTRODUCTION

Before this Court are three motions filed by Madeline L. McCormick ("minor Plaintiff") through her parents Joseph McCormick and Carolyn McCormick (collectively "Plaintiffs"): 1) a motion to strike Defendants' affirmative defense of 25 Del. C. § 1501, the "premises guest statute," 2) a motion to strike Defendants' affirmative defense of assumption...

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