Delaware, January, 2005, State Case law

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State Courts - Delaware - January 10, 2005

Allstate Ins. v. Salem, C.A. No. 02C-11-019, SUPERIOR COURT OF DELAWARE, SUSSEX, January 10, 2005, Decided
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Overview: The insurer's motion for partial summary judgment was denied as the car accident victim could pursue damages for his own injuries as well as for the wrongful death of his mother, in the same accident, under the "per person" limitation in the policy.

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DeJesus v. State, No. 213, 2004, SUPREME COURT OF DELAWARE, January 10, 2005, Decided
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Overview: As defendant did not claim he was unable to understand evidence at his trial or that, without an interpreter, he was unable to present testimony on his own behalf, a trial court did not err by going forward without an interpreter.

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In re Johnson, No. 522, 2004, SUPREME COURT OF DELAWARE, January 10, 2005, Decided
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In re Staropoli, No. 316, 2004, SUPREME COURT OF DELAWARE, January 10, 2005, Decided
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Overview: In reciprocal attorney disciplinary matter, where attorney was suspended by foreign jurisdiction for one year and was not required to seek reinstatement, reviewing court imposed one-year retroactive sentence that required him to seek reinstatement.

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McCafferty v. State, No. 286, 2004, SUPREME COURT OF DELAWARE, January 10, 2005, Decided
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McCoy v. McCoy, No. 378, 2004, SUPREME COURT OF DELAWARE, January 10, 2005, Decided
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Wawa, Inc. v. New Castle County Bd. of Adjustments, CIVIL ACTION NUMBER 04A-05-005-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 10, 2005, Decided
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Overview: County adjustment board applied proper standard by judging corporation's application for variance as one for use variance, and then denying it, as corporation had not shown required "unnecessary hardship" pursuant to Del. Code Ann. tit. 9, ? 1313; that decision was affirmed, as it was properly supported, and was not arbitrary or unreasonable.

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