Markland v. Baltimore and Ohio Railroad Co.

O’HARA, Judge.

Defendants, Anna Marie Troiani and John J. Troiani, Sr. (“Troianis”), in their individual capacity have moved for summary judgment. As in all summary judgment motions, the decision must be based upon a review of the facts viewed in a light most favorable to the party against whom judgment is requested. Wilson v. Tweed, Del.Supr., 209 A.2d 899 (1965); Vanaman v. Milford Memorial Hospital, Inc., Del.Supr., 272 A.2d 718 (1970); Taylor v. Steele, Del.Super., 266 A .2d 190 (1970).

On the afternoon of April 5, 1972, Barbara Sue Markland (“Barbara”), minor pláintiff, was struck by a…