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   State Courts - Delaware - January 31, 2001

  
Bianco v. Frank Robino Assocs., C.A. 99C-02-148-VAB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2001, Decided
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Overview: From the evidence presented, the jury would have been hard-pressed to conclude that the unfinished railing was reasonably safe, or that plaintiff put an extraordinary load on it. There was an unbroken chain of causation.

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Brown v. State, No. 384, 2000, SUPREME COURT OF DELAWARE, January 31, 2001, Decided
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Clark v. Bailey Constr., Inc., C.A. 99-12-027, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, January 31, 2001, Decided
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Overview: In denying a motion to vacate a default judgment, the trial court did not abuse its discretion by referring to the wrong rule. It did not adversely affect the validity of the underlying judgment, as it was supported by the facts.

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Dennis v. Dennis, C.A. No. 99C-08-205 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2001, Decided
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Overview: Defendant father was entitled to summary judgment in action for injuries to his grandson while the grandson was in his home, under Delaware Guest Statute, where grandson was a guest without payment and conferred no benefit on defendant.

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Dime Bancorp v. North Fork Bancorporation, Inc., No. 545, 2000, SUPREME COURT OF DELAWARE, January 31, 2001, Decided
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Nanticoke Mem'l Hosp., Inc. v. Stafford, C.A. NO. 00A-06-002, SUPERIOR COURT OF DELAWARE, SUSSEX, January 31, 2001, Date Decided
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Overview: Nurse's offer to let an abused patient stay with her as a last resort, which did not arise out of maliciousness toward her patient or her employer, did not rise to the level of just cause for dismissal for denial of unemployment benefits.

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Regis Ins. Co. v. Cosenza, C.A. No. 00C-05-006 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 31, 2001, Decided
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Overview: An exclusion clause in an insurance contract, which exempted the insurer from its duty to defend, was applicable when the clause excused the duty where a personal injury was the result of an assault and battery, or a bar fight.

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Scholl v. Murphy, Civil Action No. 2025-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, January 31, 2001, Decided
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Overview: Son who was also estate administrator and potential intestate heir had standing to pursue Delaware will contest as well as action for breach of fiduciary duty against beneficiaries under father's self-proved will.

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Scott v. State, Cr. A. No. IN85-10-1782, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2001, Decided
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Overview: Motion to correct illegal sentence was denied where sentence was legal. Because original sentence was mandatory, court's later sentencing did not operate to convert sentence from nonmandatory sentence into mandatory sentence.

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Shaner v. State, C.A. No. 00A-06-004 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2001, Decided
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Overview: Delaware state employee who was paid his original salary after partial disability precluded return to original position was entitled to partial disability benefits when he reached new position's lower salary cap.

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