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SEARS, ROEBUCK AND CO. v. MIDCAP

No. 263, 2004.

893 A.2d 542 (2006)

SEARS, ROEBUCK AND CO., Defendant Below, Appellant, v. Maria S. MIDCAP, individually and as Administratrix of the Estate of Terry L. Midcap, Natalia Midcap, Sharon Midcap, Carla Midcap and Allstate Insurance Company a/s/o Terry Midcap (deceased) and Maria S. Midcap, Plaintiffs Below, Appellees/Cross Appellants. v. Southern States Milford Cooperative, Inc., Defendant Below, Appellee/Cross-Appellee, Cross-Cross Appellant.

Supreme Court of Delaware.

Decided: January 9, 2006.

Reargument Denied February 6, 2006.

Attorney(s) appearing for the Case

William J. Cattie, III, of Rawle & Henderson, L.L.P., Wilmington, DE; Craig C. Martin, Peter J. Brennan (argued) and Amanda S. Amert, of Jenner & Block, L.L.P., Chicago, IL, of counsel, for Appellant.

I. Barry Guerke (argued), of Parkowski, Guerke & Swayze, P.A., Dover, DE; and Sean J. Bellew, of Cozen O'Connor, Wilmington, DE; Paul R. Bartolacci (argued), of Cozen O'Connor, Philadelphia, PA, of counsel, for Appellees/Cross-Appellants.

Daniel P. Bennett (argued), of Heckler & Frabizzio, Wilmington, DE, for Cross-Appellee/ Cross-Cross Appellant.

Michael P. Kelly and Paul A. Bradley, of McCarter & English, L.L.P., Wilmington, DE; David R. Schlee (argued) and Vincent R. McCarthy, of Schlee, Huber, McMullen & Krause, P.C., Kansas City, MO, of counsel, for Amici Curiae Propane Education & Research Council and National Propane Gas Association.

Before HOLLAND, BERGER and JACOBS, Justices, and STRINE and PARSONS, Vice Chancellors.

JACOBS, Justice:

This is an appeal from a final judgment of the Superior Court, awarding damages as a result of the death of Terry Midcap from a gas explosion in his home. The plaintiffs-appellees are the Estate of Terry Midcap, his widow, and his daughters. Those parties brought a Superior Court action against defendant-appellant Sears, Roebuck & Co. ("Sears") and co-defendant cross-appellee, Southern States Milford...

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