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RITGERT v. CITY OF REHOBOTH BEACH

Civ. A. No. 86-448-JLL.

655 F.Supp. 1101 (1987)

Helen I. RITGERT and John M. Ritgert, Plaintiffs, v. The CITY OF REHOBOTH BEACH, a municipal corporation, Defendant.

United States District Court, D. Delaware.

March 9, 1987.

Attorney(s) appearing for the Case

Gary W. Aber of Heiman and Aber, Wilmington, Del., for plaintiffs.

B. Wilson Redfearn and Nancy E. Chrissinger of Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

INTRODUCTION

This case compels the Court to resolve the pressing metaphysical question of when is a bench not just a bench but also a piece of equipment. Helen and John Ritgert (the "Ritgerts") brought suit against the City of Rehoboth Beach ("Rehoboth") to recover damages for injuries caused by a bench which struck Mrs. Ritgert's leg. In lieu of answering the Ritgerts' complaint, Rehoboth filed...

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