GRABOWSKI v. MANGLER

No. 65, 2007.

956 A.2d 1217 (2008)

Stephen H. GRABOWSKI, Jr., and Connie Grabowski, his wife Plaintiffs Below-Appellants, v. William MANGLER, David Smith and Joseph Ziemba, Defendants Below-Appellees.

Supreme Court of Delaware.

Decided: September 9, 2008.


Attorney(s) appearing for the Case

Gary S. Nitsche, Esquire (argued) and W. Christopher Componovo, of Weik, Nitsche, Dougherty & Componovo, Wilmington, Delaware, for appellants.

Nancy Chrissinger Cobb, Esquire (argued), of Chrissinger & Baumberger, Wilmington, Delaware, for appellee David Smith.

Robert K. Pearce, Esquire (argued) and Thomas R. Riggs, Esquire, of Ferry, Joseph & Pearce, P.A., Wilmington, Delaware, for appellee Joseph Ziemba.

Joseph A. Gabay, Esquire, Wilmington, Delaware; Wayne A. Marvel, Maron Marvel Bradley & Anderson, P.A., Wilmington, Delaware, for appellee William Mangler.

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


RIDGELY, Justice.

Plaintiff-Appellant Stephen H. Grabowski sustained injuries arising from horseplay at his job site. After claiming and receiving workers' compensation benefits, Grabowski brought a third party negligence action against the co-employees who were involved in the horseplay, defendant-appellees William Mangler, David Smith, and Joseph Ziemba ("Appellees"). Mangler, Smith, and Ziemba filed motions for summary...

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