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DELLE DONNE v. MILLAR ELEVATOR SERVICE

No. 070,2003.

840 A.2d 1244 (2004)

DELLE DONNE & ASSOCIATES, LLP and Delmont Partners, LLP, Defendants Below, Appellants/Cross-Appellees, v. MILLAR ELEVATOR SERVICE COMPANY and Schindler Elevator Company, Defendants Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: January 9, 2004.

Attorney(s) appearing for the Case

Armand J. Della Porta, Jr., of Kelley Jason McGuire & Spinelli, LLP, Wilmington, DE, for the Defendants Below/Appellants.

Vincent A. Bifferato, Jr., of Bifferato, Bifferato & Gentilotti, of Wilmington, DE and Keith E. Johnson (argued), of Kittredge, Donley, Elson, Fullem & Embick of Philadelphia, PA, for Defendants Below, Appellees/Cross Appellants.

Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE, and JACOBS, Justices, constituting the Court en Banc.

JACOBS, Justice:

The plaintiff, who was injured while riding on an elevator, brought this action in the Superior Court against two companies that installed and serviced the elevator (the "Millar defendants" or "Millar"), and against two companies that owned and managed the building where the elevator was located (the "Delle Donne defendants" or "Delle Donne"). During the pendency of that case and before the trial began,...

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