Yassa v. Moore

By JUDGE ALBERT H. GRENADIER

The defendant has demurred to all three counts of the plaintiffs’ motion for judgment. As the plaintiffs have indicated they intend to move for a voluntary nonsuit as to Count II and request leave to amend Count III, the Court will consider only the demurrer to Count I in this memorandum opinion.

The plaintiffs allege in Count I that the defendant was negligent and that as a result thereof they were damaged. The demurrer is founded upon three grounds. First, the defendant alleges that as he was acting within the scope of his employment as a municipal employee he is…