McCormick v. Hoddinott

OPINION

COOCH, J.

I. INTRODUCTION

' Before this Court are three motions filed by Madeline L. McCormick (“minor Plaintiff’) through her parents Joseph McCormick and Carolyn McCormick (collectively “Plaintiffs”): 1) a motion to strike Defendants’ affirmative defense of 25 Del. C. § 1501, the “premises guest statute,” 2) a motion to strike Defendants’ affirmative defense of assumption of risk, and 3) a motion that seeks to impose upon Defendants a rebuttable presumption that minor Plaintiff was incapable of negligence.

Minor Plaintiff was seven years, seven and a half months old in December 2001…