Contractor Waived Right to Appeal Duty to Warn Issue, Court Holds
February 23, 2004
WILMINGTON, Del. - Delaware's highest court has upheld an award of summary judgment for several premises defendants, determining that the plaintiff waived his right to appeal a portion of the ruling that dealt with a property owner's duty to warn business invitees of hazards in the workplace. Roca v. E.I. du Pont de Nemours and Company, et al., No. 2002-640 (Del. Sup. Ct.).
In a decision issued Jan. 20, the Delaware Supreme Court affirmed the New Castle County Superior Court's ruling in favor of the defendants after finding no evidence that the plaintiff's Section 343 of the Restatement (Second) of …
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