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BOYCE v. EDIS CO.

No. CIV.A.98-386-SLR.

224 F.Supp.2d 814 (2002)

Jacob BOYCE and Roseann Boyce, Plaintiffs, v. EDIS COMPANY and Bellevue Holding Company, Defendants and Third-party Plaintiffs, v. Falcon Steel Company, Third-party Defendant.

United States District Court, D. Delaware.

September 30, 2002.

Attorney(s) appearing for the Case

Debra C. Aldrich, Doroshow, Pasquale, Krawitz, Siegal & Bhaya, Wilmington, DE, for Plaintiffs.

Gary H. Kaplan, Goldfein & Joseph, Wilmington, DE, James F. Bailey, Jr., Bailey & Wetzel, P.A., Wilmington, DE, for Defendants.

MEMORANDUM ORDER

ROBINSON, District Judge.

I. INTRODUCTION

In July 1998, plaintiffs Jacob Boyce and Rosann Boyce filed this diversity action for damages resulting from a construction site accident. (D.I.1, 90) Jacob Boyce, an iron-worker, was working on an open steel framing installing bolts when his crew was called down for a morning break. As he walked along a beam to go down to a lower level, he lost his balance and fell backwards approximately...

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