CLINTON v. ENTERPRISE RENT-A-CAR CO.

No. 208, 2009.

977 A.2d 892 (2009)

Richard CLINTON, Individually, and as the Administrator of the Estate of Kelly Clinton, Plaintiff Below, Appellant, v. ENTERPRISE RENT-A-CAR CO. and Anthony Gene Shamblin, Defendants Below, Appellees,

Supreme Court of Delaware.

Decided: July 29, 2009.


Attorney(s) appearing for the Case

Jeffrey K. Bartels, Esquire, Wilmington, DE, and Kenneth W. Richmond, Esquire, Richmond & Hevenor, Philadelphia, PA, for appellant.

James S. Yoder, Esquire, and William L. Doerler, Esquire, White and Williams LLP, Wilmington, DE, for appellee Enterprise Leasing Company of Baltimore.

Before HOLLAND, JACOBS and RIDGELY, Justices.


HOLLAND, Justice:

The plaintiff-appellant, Richard Clinton, appeals from the judgments of the Superior Court dismissing his personal injury action against the defendants-appellees, Enterprise Rent-A-Car Co. ("Enterprise") and Anthony Gene Shamblin, pursuant to Superior Court Civil Rule 12(b)(6).1 Clinton makes three arguments on appeal. First, he contends that the Superior Court erred in applying...

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