Elliott v. Rose

McNeilly, Judge.

This is an appeal from the Superior Court which held that the an affirmative defense of release should be stricken as a matter of law.

A complaint had been filed on February 8, 1961 in the Superior Court by Plaintiff, Sophie W. Rose, alleging that she was injured as a result of the negligence of the Defendant, William N. Elliott, an employee of Defendant, Delaware Coach Company. To this complaint Defendants answered and, inter alla, pleaded the affirmative defense of release. The Plaintiff moved for a partial summary judgment striking the affirmative defense on the ground that…