Legal Opinion
Petrucci v. Landon
Superior Court of Delaware
Decided July 27, 1954No. 200PublishedCited by 29 opinions
1Opinion of the Court
Herrmann, J.:
The complaint alleges that the plaintiff sustained personal injuries and property damage as the result of a motor vehicle collision caused by the negligence of the defendant. In his answer to the complaint, the defendant raises the affirmative defense of res judicata. The plaintiff moves to strike that defense on the ground that it is not a sufficient defense under the circumstances of this case. See Civil Rule 12(f), Del. C. Ann.
The complaint in this action was filed on February 24, 1953 and service of summons was made upon the defendant on March 5, 1953. On March 3, 1953, two…
2Cases cited3 opinions
- Geracy, Inc. v. HooverCourt of Appeals for the D.C. Circuit · 1942
- Jones v. Charles Warner Co.Superior Court of Delaware · 1912
- Hannigan v. Italo Petroleum Corp. of AmericaSuperior Court of Delaware · 1935
3Cited by29 opinions
- Braxton v. LitchalkMichigan Court of Appeals · 1974
- Tyndall v. TyndallSupreme Court of Delaware · 1968
- State v. MacHinSuperior Court of Delaware · 1993
- Lewis v. HansonSupreme Court of Delaware · 1957
- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
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