Legal Opinion

Gebhart v. Ernest DiSabatino & Sons, Inc.

Supreme Court of Delaware

Decided February 18, 1970PublishedCited by 27 opinions

1Opinion of the Court

HERRMANN, Justice.

This appeal brings up the propriety of the dismissal with prejudice of the plaintiffs’ case by the Superior Court for noncompliance by plaintiffs’ attorneys with Court Rules and pre-trial orders.

I

These are the relevant facts:

The plaintiff, Mrs. Evelyn Gebhart, was a school nurse. A fire broke out in the boiler room of the school, resulting in damage to the electrical system of the building. The damage was repaired by the defendant E. F. Higgins Company, Inc. (hereinafter “Higgins”). A short time later, on March 12, 1965, Mrs. Gebhart was on duty in the school infirmary…

2Cases cited5 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Ayers v. D. F. Quillen & Sons, Inc.Supreme Court of Delaware · 1963
  3. Manekofsky v. BakerSupreme Court of Rhode Island · 1961
  4. Stuart v. RizzoSupreme Court of Delaware · 1968
  5. In re MaullSupreme Court of Delaware · 1969

3Cited by27 opinions

  1. Draper v. Medical Center of DelawareSupreme Court of Delaware · 2001
  2. Levey v. Brownstone Asset Management, LPSupreme Court of Delaware · 2013
  3. Taylor v. LSI Logic Corp.Supreme Court of Delaware · 1997
  4. Hoag v. Amex Assurance Co.Supreme Court of Delaware · 2008
  5. Barnett v. StateSupreme Court of Delaware · 1997

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