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STORM v. NSL ROCKLAND PLACE, LLC

C.A. No. 04C-01-210-JRS.

898 A.2d 874 (2005)

JoAnn STORM, individually and as the Guardian Ad Litem of A. Paul Storm, Jr., Plaintiff, v. NSL ROCKLAND PLACE, LLC, a Delaware limited liability company Defendant.

Superior Court of Delaware, New Castle County.

Oral Decision: August 11, 2005.

Written Decision: December 29, 2005.

Attorney(s) appearing for the Case

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

Bradley J. Goewert, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, for Defendant.

MEMORANDUM OPINION

SLIGHTS, J.

I.

In this opinion, the Court considers whether an assisted living facility1 may advance the affirmative defense of primary assumption of the risk in response to a resident's claim that the facility provided negligent or reckless care to him.2 To the Court's knowledge, the question of whether primary assumption...

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