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URENA v. CAPANO HOMES, INC.

C.A. No. 04C-11-018 SCD.

901 A.2d 145 (2006)

Pablo Cesar URENA, Plaintiff, v. CAPANO HOMES, INC. and Mun Seok Lee and Mun Seok Lee t/a Rising Sun Contractors Co. and Rising Sun Contracting Co. and Rising Sun Contractors Co. and Rising Sun Contractors, Inc., and Muirfield Associates, LLC, Defendants.

Superior Court of Delaware, New Castle County.

Decided June 2, 2006.

Corrected June 6, 2006.

Attorney(s) appearing for the Case

I. Barry Guerke, Parkowski, Guerke & Swayze, Dover, DE, Mark J. LeWinter, and James A. Keating, Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., Philadelphia, PA, for the plaintiff.

David G. Culley, Tybout, Redfearn & Pell, Wilmington, DE, for defendants Capano Homes, Inc. and Muirfield Associates, LLC.

Jeffrey M. Weiner, Law Offices of Jeffrey M. Weiner, P.A., Joseph A. Gabay, Maron & Marvel, Wilmington, DE, for Capano Homes, Inc.

Stephen P. Casarino, Casarino, Christman and Shalk, Wilmington, DE, for defendants Mun Seok Lee, Mun Seok Lee t/a Rising Sun Contractors, Co., Rising Sun Contracting Co., and Rising Sun Contractors, Inc.

OPINION

DEL PESCO, J.

Defendants have filed motions for summary judgment, contending that the factual record does not support the claims against them for negligence, and for negligent hiring. I have concluded that no factual issues preclude summary judgment as to Muirfield and Capano Homes. There are factual issues related to Rising Sun which preclude summary judgment.

FACTS

In 1999, the construction...

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