Malcom v. Dempsey

Storey, J.:

This matter comes before the Court on defendant’s motion to strike paragraph 7(e) from the complaint, on the ground that it fails to state a claim upon which relief can be granted, and that it is immaterial in this case. Defendant has filed a sufficient affidavit to support motion.

Paragraph 7(e) of the complaint states that the defendant was negligent in that:

“She failed to stop at the said intersection, the said intersection being marked with a stop sign in the direction in which defendant was traveling, thereby violating Title 21, Section 4143(a) of the Delaware Code of 1953.”

Ques…