Facciolo v. FACCIOLO CONSTRUCTION COMPANY

HERRMANN, Chief Justice:

This slip and fall case has been before this Court before. (See our prior opinion at 293 A.2d 803, to which reference is especially made for the facts.) Upon the reversal and remand, the defendant moved for summary judgment under the Premises Guest Statute, 25 Del.C. § 1421. * The Superior Court held the Statute applicable and granted summary judgment on the ground that there was no showing by the plaintiff of “wilful or wanton disregard of the rights of others” by the defendant.

The Superior Court found, and this Court agreed (293 A.2d at 804), that David was a…