Legal Opinion

Lutz v. Boltz

Superior Court of Delaware

Decided November 4, 1953No. 688PublishedCited by 38 opinions

1Opinion of the Court

Carey, J.:

In order to get at the merits of the present controversy, I shall not consider the propriety of raising this issue by an objection to the filing of the proposed amendment.

The question for determination is whether a tort-feasor may recover contribution from another, whose negligence concurred in producing an injury, but who is himself not liable to the injured person.

Title 21 Del. C. § 6101 bars recovery by a nonpaying guest from the operator of a vehicle, unless the accident was intentional on the part of the operator, or was caused by his wilful or wanton disregard of the rights of…

2Cases cited6 opinions

  1. Baltimore Transit Co. v. State Rx Rel. SchrieferCourt of Appeals of Maryland · 1944
  2. Fisher v. DiehlSuperior Court of Pennsylvania · 1944
  3. Patterson v. TomlinsonCourt of Appeals of Texas · 1938
  4. Distefano v. LambornSuperior Court of Delaware · 1951
  5. DiStefano v. LambornSuperior Court of Delaware · 1951

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. RBC Capital Markets, LLC v. JervisSupreme Court of Delaware · 2015
  2. Diamond State Telephone Co. v. University of DelawareSupreme Court of Delaware · 1970
  3. Adler's Quality Bakery, Inc. v. Gaseteria, Inc.Supreme Court of New Jersey · 1960
  4. Montgomery County v. Valk Manufacturing Co.Court of Appeals of Maryland · 1989
  5. Burmeister v. YoungstromSouth Dakota Supreme Court · 1965

33 more not listed; retrieve them via the Exa API.

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