Delaware, January, 2005, State Case law

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State Courts - Delaware - January 26, 2005

Ballard v. Eummar, C.A. No.: 02C-03-276 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2005, Decided
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Overview: In plaintiff's suit against defendant to recover for personal injuries sustained in an automobile accident, a new trial was not warranted where the jury had evidence from which it could conclude that responsibility for the accident was 70 percent attributable to plaintiff's conduct and 30 percent attributable to the conduct of another driver.

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Hernandez v. Boston Mkt., Inc., C.A. No. 04A-05-009-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 26, 2005, Decided
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Overview: Where continued chiropractic treatment would not improve an employee's on-the-job back injuries, and the same temporary relief from pain was otherwise available, the employee was not entitled to worker's compensation benefits for extended treatment.

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In re Freeport-McMoRan Sulphur, Inc. S'holder Litig., Consolidated C.A. No. 16729, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, January 26, 2005, Decided
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Overview: The shareholders were partially successful on their motion to compel documents in their suit against a corporation where the documents sought existed before a complained-of merger occurred, which the shareholders asserted fiduciary breaches about.

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New Castle County v. Christiana Town Ctr. LLC, C.A. No. 20604, COURT OF CHANCERY OF DELAWARE, KENT, January 26, 2005, Decided , January 26, 2005, Filed
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Pennewell v. State, No. 405, 2004, SUPREME COURT OF DELAWARE, January 26, 2005, Decided
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Overview: Trial counsel was not ineffective for failing to file a motion to suppress which would have been inconsistent with defendant's defense. Further, where counsel and defendant filed pleadings regarding a postconviction motion, a hearing was unnecessary.

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Playtex Apparel, Inc. v. Melvin, No. 199, 2004, SUPREME COURT OF DELAWARE, January 26, 2005 Before, Decided
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Overview: Trial court did not abuse discretion in dismissing employer's suit for failure to prosecute since it did not file its opening brief until three months after deadline and did not request extension from court or employee until after motion to dismiss.

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