Legal Opinion

Day v. Wilcox Landscaping, Inc.

Superior Court of Delaware

Decided February 28, 2017No. N15C-06-277 AMLPublished

1Opinion of the Court

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE MARLENA L. DAY, Plaintiff, C.A. No. Nl 5C-06-277 AML v. WILCOX LANDSCAPING, INC., CARROW CONSTRUCTION, LLC and SLEEPY HOLLOW LAWN CARE & LANDSCAPING, INC., TRIAL BY JURY DEMANDED Defendants, \/\/\/\/\/V\/\/\/\/\/\/V Submitted: November 1 8, 2016 Decided: February 28, 2017 ORDER Defendants’ Motions for Summary Judgment: GRANTED l. A common law rule in Delaware, known as the “continuing storm doctrine” and consistently applied over the last five decades, is that landowners act with reasonable care when they await the end of a storm before…

2Cases cited10 opinions

  1. Moore v. SizemoreSupreme Court of Delaware · 1979
  2. Merrill v. Crothall-American, Inc.Supreme Court of Delaware · 1992
  3. Brzoska v. OlsonSupreme Court of Delaware · 1995
  4. Judah v. Delaware Trust Co.Supreme Court of Delaware · 1977
  5. Young v. SaroukosSuperior Court of Delaware · 1962

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