Stratford Apartments, Inc. v. Fleming

CAREY, Justice:

Plaintiff-appellee, Muriel Fleming, was injured on February 9, 1969, when she slipped and fell on an ice-covered walkway on the premises of defendant-appellant, Stratford Apartments, Inc. (“Stratford”). Mrs. Fleming sued for damages, alleging that negligence of Stratford was the proximate cause of her injuries. Stratford moved for summary judgment based on the property guest statute, 25 Del.C. § 1421 (1967). The motion was denied and Strat-ford appeals. Obviously an essential element of the case was decided and the principal defense in the case was eliminated.

Mrs. Fleming and…