Layton v. Lee

Stiftel, Judge.

Motion by defendant Lee to protect him from being *115required to come from his home in Florida to Wilmington' at his expense so that plaintiffs can take his deposition.

On August 13, 1961, defendant Lee drove a truck into this state and was involved in a collision near Dover, Delaware' with an automobile owned by Ethicon, Inc., and driven under a lease arrangement by plaintiff driver, Frank D. Layton, in which his wife was a passenger. Suit was brought in Delaware and service of process was had upon the defendants under our non-resident motorist law (10 Del. C. § 3112).

In August,…