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| Brittingham v. St. Michael's Rectory, No. 409, 2000,
SUPREME COURT OF DELAWARE, January 11, 2002, Decided
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Overview: In a workers' compensation case, the employee reasonably declined to have surgery on her spine, as she was a smoker, thereby reducing the likelihood of success, and the surgery was risky. Thus, the employee could continue to receive benefits.
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| Corman v. Shahan, C.A. No. 98-12-089,
COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, January 11, 2002, Submitted , January 11, 2002, Decided
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Overview: A police officer who observed a driver's vehicle swerve and who observed that the driver slurred his speech, had bloodshot dilated eyes, and who failed his field sobriety tests, had probable cause to arrest the driver for driving under the influence.
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| Defrancesco v. Estate of, C.A. No. 01C-01-182 CHT,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: An estate's motion to dismiss based on the statute of limitations was denied; a one-year additional period began to run when an original action was dismissed, not upon the death of a decedent, and the instant action was timely filed.
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| Fairchild Aircraft, Inc. v. Michaud, No. 629, 2001,
SUPREME COURT OF DELAWARE, January 11, 2002, Decided
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Overview: Aircraft company's application for interlocutory review of denial of company's motion to dismiss plaintiffs' action arising from deaths in an airplane crash was refused based on discretion of state supreme court.
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| McGowan v. Ferro, C.A. No. 18672-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: Because the complaint did not allege the company conspired to breach a fiduciary duty, or provided the fiduciaries with improper and excessive side-payments, it could not be inferred that it knowingly participated in a breach of fiduciary duty.
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| Nancy Panaro v. J. C. Penney Co., CIVIL ACTION NUMBER 01C-02-010-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: A retailer's motion in limine to exclude from use at trial the videotaped direct examination and partial discovery deposition of a decedent; the use of the deposition did not violate the retailer's right or confrontation or cross-examination.
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| Potts Welding & Boiler Repair Co. v. Zakrewski, CIVIL ACTION NUMBER 01A-04-001-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: Since employer did not assert his argument in response to employee's initial argument that his total disability benefits were wrongfully terminated, employer's argument was waived as it was only raised for the first time on appeal.
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| State v. Loat, Cr.A.No.: IN01-01-1813R1,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: Indictment by grand jury eliminated need for preliminary hearing. Defendant was bound by signed statement on guilty plea form and counsel was not ineffective for failing to raise terms of plea agreement at sentencing.
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| State v. Owens, Cr.A.No.: VN9505056902R1, VN95-05-0567R1,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 11, 2002, Decided
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Overview: Defendant did not show that counsel's conduct fell below reasonable standards or that he was prejudiced by attorney's conduct. Trial court was reasonably satisfied that defendant committed crime while on probation.
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| Zae Int'l Group v. Master-Tech, Inc., Civil Action No. 2001-10-118,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 11, 2002, Submitted , January 11, 2002, Decided
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Overview: Trial court, in part, and in creditor's contract suit against corporation and president, dismissed default judgment against president; justice of peace judgment was void as it did not have subject matter jurisdiction to pierce corporate veil.
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