Pipkin Ex Rel. Pipkin v. Department of Highways & Transportation

OPINION

CHRISTIE, Judge.

This is a third-party action brought against the Department of Highways and Transportation of the State of Delaware by Deborah Ann Pipkin, one of two defendants named in a negligence action arising out of an automobile accident which occurred on September 11, 1971. The State Highway Department has moved pursuant to Rule 12(b)(6) to dismiss the third-party complaint for failure to state a claim upon which relief may be granted.

The automobile accident occurred while the third-party plaintiff was attempting to make an illegal U-turn on Interstate 95. The third-party…