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HIGGINS v. WALLS

C.A. No. 03C-10-175-JRS.

901 A.2d 122 (2005)

Anthony P. HIGGINS and Carol Higgins, Plaintiffs, v. Benjamin F. WALLS, III, David W. Tyre, James H. Tyre, Jr., Martin E. Taylor, Sydney McBroom, Sean Messick, Elsie Mitchell, Melvin L. Joseph, Trustee of Trust U/A December 16, 1992, Messick Supply, L.L.C. and George W. Marvel, Sr., Defendants.

Superior Court of Delaware, New Castle County.

Decided August 19, 2005.

Attorney(s) appearing for the Case

Richard A. DiLiberto, Jr., Esquire and Jennifer M. Kinkus, Esquire, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware, Attorneys for Plaintiffs.

Michael I. Silverman, Esquire, Silverman, McDonald & Friedman, Wilmington, Delaware, Attorney for Defendant, Elsie Mitchell (the Estate of Elsie Mitchell).

John D. Balaguer, Esquire and Donna R. Monper, Esquire, White & Williams, LLP, Wilmington, Delaware, Attorneys for Messick Supply, L.L.C.

David N. Rutt, Esquire and Martin J. Cosgrove, Jr., Esquire, Moore & Rutt, P.A., Georgetown, Delaware, Attorneys for Defendant, Melvin L. Joseph, Trustee.

OPINION

SLIGHTS, J.

I.

An errant bullet from a hunter's high powered rifle struck an unsuspecting motorist while traveling on a public highway adjacent to the site of the hunt. The motorist, plaintiff, Anthony Higgins ("Higgins"), sustained serious injuries from the gun shot. The hunter, Benjamin Walls ("Walls"), has limited or no resources with which to compensate Higgins for his injuries. In this...

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