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· 8/17/1978

Blackshear v. Clark

Citations

  • 391 A.2d 747
  • 1978 Del. LEXIS 793

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reasoning that a doctor and his employer were “(at least) ‘severally’ liable for the same injury to plaintiff” where the employer’s liability was “derived solely from” the doctor’s alleged negligence
  • Release of master not release of servant; the court expressly reserved decision where servant is released but not the master
  • “In short, it makes no difference whether the [entity’s] liability is based upon the doctrine of [r]espondeat superior or any other legal concept. The point is that both [parties] are (at least) ‘severally’ liable for the same injury to [the] plaintiff.”
  • interpreting the 1939 version of the Act
  • release of hospital/employer does not release doctor/employee

Source: CourtListener parenthetical corpus (CC0).

Judges: Duffy, McNeilly, Hartnett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.