Delaware, January, 2004, State Case law

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State Courts - Delaware - January 30, 2004

Bernhard v. Phoenix Mental Health, C.A. No. 03A-01-005-HDR, SUPERIOR COURT OF DELAWARE, KENT, January 30, 2004, Decided
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Overview: Decision of the Delaware Industrial Accident Board in apportioning medical costs was reversed, as the Board erred in apportioning to the claimant the medical costs associated with diagnosis and treatment following a work-related accident.

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Bounds v. Delmarva Power & Light Co., C.A. No. 01C-07-028 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 30, 2004, Decided
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Overview: A husband and wife who obtained a jury verdict against a power company that did business throughout Delaware was allowed to recover litigation costs, even though they did not sue the company in the county where it had its principal place of business.

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E.I. duPont de Nemours & Co. v. Faupel, C.A. No. 03A-04-014-RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2004, Decided
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Overview: Injury suffered as result of receiving flu vaccination at work was compensable under Workers' Compensation Act where employer strongly urged claimant to receive vaccination; quantity of notices in workplace supported finding of strong encouragement.

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Geier v. Meade, C.A. No. 1328-K, COURT OF CHANCERY OF DELAWARE, KENT, January 30, 2004, Decided
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Overview: A former partner who failed to conduct discovery during seven years in which his former partner's action for an accounting was pending had failed to adequately counter-move for summary judgment on propriety of accounting remedy.

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Kostyshyn v. State, No. 176, 2003, SUPREME COURT OF DELAWARE, January 30, 2004, Decided
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Overview: Where defendant made no genuine, unequivocal request to proceed pro se and his conduct was disruptive and his purposes purely dilatory, the trial court acted appropriately by denying defendant's request to proceed pro se.

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Reid v. State, No. 442, 2003, SUPREME COURT OF DELAWARE, January 30, 2004, Decided
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Overview: Where defendant's claims arising from a violation of probation hearing were not a proper subject for habeas corpus review and a habeas petition could not be used as a substitute for a direct appeal, defendant's petition was properly denied.

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Revel v. State, No. 273,2003, SUPREME COURT OF DELAWARE, January 30, 2004, Decided
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Roca v. E.I. du Pont de Nemours & Co., No. 640, 2002, SUPREME COURT OF DELAWARE, January 30, 2004, Decided
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Overview: Appeal was dismissed because the appellant failed to comply with the Delaware Supreme Court Rules as he omitted any reference to his argument on appeal in the summary of argument or the argument sections of his opening brief.

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Simms v. Christina Sch. Dist., C.A. No. 02C-07-043 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 30, 2004, Decided
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Overview: A school district and its officials were not vicariously liable for the acts of a resident advisor who sexually assaulted a mentally and hearing impaired student; immunity also prevented negligent hiring and supervision claims.

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State v. Grosvenor, ID No. 0008020754, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 30, 2004, Decided
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Overview: Motion for postconviction relief based on, inter alia, ineffective assistance of counsel was denied as defendant failed to show counsel's representation fell below objective standard of reasonableness or that he was prejudiced by counsel's actions.

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