Delaware, January, 2004, State Case law

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State Courts - Delaware - January 6 - January 7, 2004

Baker v. Hamm, C.A. No. 02C-11-034 HdR, SUPERIOR COURT OF DELAWARE, KENT, January 6, 2004, Decided
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Overview: A trial court awarded costs to a husband and wife against a man; jury verdict was greater than man's offer of judgment to husband, but less than that for wife, but offer of judgment was made too late for man to recover any costs.

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Grace v. Morgan, CA No. 03C-05-260-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 6, 2004, Decided
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Overview: Superior court had jurisdiction over undeveloped property owner's fraud, unjust enrichment, and breach of contact claims in land development case, but motion to dismiss breach of fiduciary duty claim was granted, as it belonged in chancery court.

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In re Shockley v. Foraker, C.A. No. 19716, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 6, 2004, Decided
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Overview: In a dispute between unmarried partners, a partition of their jointly titled property was entered, instead of a resulting or constructive trust, where their intention was to share equally in the net equity of the same with survivorship rights.

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State v. Crippen, Cr. I.D. No. 9403016296, SUPERIOR COURT OF DELAWARE, KENT, January 6, 2004, Decided
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State v. Harris, C. A. No. 03A-01-004 JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 6, 2004, Decided
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Overview: Employee whose job-related accident caused cervical spine condition that had been asymptomatic for three years to become symptomatic, resulting in a permanent impairment, was entitled to permanent partial workers' compensation without apportionment.

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Tingle v. State, No. 234, 2003, SUPREME COURT OF DELAWARE, January 6, 2004, Decided
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Overview: Suppression of drugs found on defendant's person and in a car that he was in was properly denied, as a pat down search of defendant was proper, and upon feeling apparent contraband, it was proper to seize it.

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Wilmoth v. Donegal Ins. Co., C.A. No.: 00C-11-237 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 6, 2004, Decided
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Overview: Utility was not negligent for water damage to home; it turned power on but could not get into home to check boiler; insurer was not liable under policy since owners did not sue within policy's one year limitations period, which was not waived.

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Fromal v. George, No. 696, 2002, SUPREME COURT OF DELAWARE, January 7, 2004, Decided
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Overview: Where a chiropractor's expert testimony would have been cumulative to a neurologist's testimony, the limitations imposed on the chiropractor's testimony by the granting of a motion in limine were harmless.

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Miller v. City of Rehoboth Beach, C.A. No. 2271-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 7, 2004, Decided
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