Delaware, February, 2002, State Case law

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State Courts - Delaware - February 20 - February 21, 2002

Gonzalez v. Devlin, No. 160, 2001, SUPREME COURT OF DELAWARE, February 20, 2002, Decided
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Overview: Family court did not "combine" two different legal standards in rendering its decision, but first determined that evidence supported modification of its previous order and then determined effective date of its order.

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Marrero v. Wilmington Piece Dye Co., C.A. No. 01A-08-004 CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2002, Decided
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Overview: Industrial accident board's award of six weeks of workers' compensation, where part of employee's finger was amputated, was supported by findings that employee was embarrassed over injury, but it was less severe than loss of whole body part.

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Massey v. Vugrinec, Case No. 98-07-017A, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, February 20, 2002, Decided
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Overview: Homeowner's entitlement to damages was the difference between the completion costs and amount owner had not paid on final draw, as contractor breached contract causing the owner to incur costs to complete the work the contractor was contracted to do.

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Taylor v. Wilmington Hous. Auth., C.A. No. 00C-03-040 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2002, Decided
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Overview: Claim alleging that Wilmington Housing Authority (Delaware) caused injured party to slip and fall because Authority failed to remove snow from its sidewalk was not barred by sovereign immunity. Alleged failure to clear a sidewalk was not barred.

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Jones v. State, No. 578, 2001, SUPREME COURT OF DELAWARE, February 21, 2002, Decided
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State v. Smallwood, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 21, 2002, Decided
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Overview: Defendant was not deprived of his right to fair trial by impartial jury where juror did not disclose arrests of two of her relatives during voir dire because she was confused.

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State v. Smallwood, ID No. 0103019016, SUPERIOR COURT OF DELAWARE, KENT, February 21, 2002, Decided
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Wilmington Trust Co. v. Nix, C.A. No. 00L-10-077 WLW, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 21, 2002, Decided
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Overview: After trial court denied mortgagee's motion for summary judgment in foreclosure action, mortgagee's motion for reargument was also denied, as it merely rehashed arguments that the trial court had already decided.

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