Devitt v. Phipps, No. 0049217 (Aug. 16, 1990)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM RE: MOTION TO STRIKE (#109) The plaintiffs Kerry Devitt and Dorita Devitt allege that the defendant Dorothy Phipps seized control of a motor vehicle owned by the plaintiff Dorita Devitt and previously operated by the plaintiff Kerry Devitt. As a result of the defendant's alleged action, a one car crash ensued causing the plaintiffs to suffer personal injuries and property damage.

On July 19, 1989 the defendant filed a special defense claiming that the negligence of the plaintiff Kerry Devitt was a…