Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Frank v. Kempczynski

Superior Court of Delaware, New Castle County

February 8, 1950

FRANK
v.
KEMPCZYNSKI.

[45 Del. 259] Plaintiff sued defendant for injuries incurred when she fell downstairs in defendant's boarding house. In accordance with Rule 9(g) plaintiff attached to the complaint a statement setting forth special damages. Defendant has moved for an order compelling plaintiff to furnish a more definite statement as to certain of the items of special damages claimed.

The particular items concerning which defendant has moved for a more particular statement are as follows:

     "Drugs and medicines
   purchased from Latin-American
   Drug Company, Wilmington,
   Delaware .......................... $  100.00
     Transportation expenses to
   doctors, hospitals and for other
   necessary purposes resulting
   from the injury ...................    300.00
     Clothing and glasses damage .....    100.00
     Will Hospital, 16th & Spring
   Garden St., Philadelphia,
   Pennsylvania ......................    100.00
     University of Pennsylvania
   Hospital, Philadelphia,
   Pennsylvania ......................    150.00
     Loss of wages ...................  6,000.00
     Board and lodging to Mrs.
   Ann Dougherty, Wilmington,
   Delaware ..........................  1,500.00
     Dr. Edmund B. Spaeth,
   Philadelphia, Pennsylvania ........    100.00"
   

[45 Del. 260]

Page 429

Rule 9(g) of the Superior Court Rules reads as follows: '(g). Special Damage. When items of special damage are claimed, they shall be specifically stated.'

Defendant's motion for further specification of special damages is very searching. For instance, as to the out of pocket expenses for $100 for drugs, he seeks to know the kind of drugs and medicine purchased, from whom purchased and the dates and cost of each purchase. The details of all the other claimed items of damage are sought with equal particularity.

Thomas Herlihy, Jr., of Wilmington, for the plaintiff.

William Prickett, of Wilmington, for the defendant.

LAYTON, J., sitting.

LAYTON, Judge.

Plaintiff has stated her items of special damage with reasonable certainty. She has broken them down into hospital bills, doctor's bills, drugs, loss of wages, board and lodging, etc. This is all that Rule 9(g) requires. What defendant is seeking is an itemization of the various items of plaintiff's claim for special damages. Such a result would compel the statement of special damages to be drawn out in greater detail than formerly required by the rules of Common Law pleading prior to the adoption of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.