Delaware, January, 2003, State Case law

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State Courts - Delaware - January 31, 2003

Baggett v. First State Staffing, C.A. No. 01A-06-011 JTV, SUPERIOR COURT OF DELAWARE, KENT, January 31, 2003, Decided
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Overview: Determination of a temporary nurse's "average work week" for purposes of a benefits award due to a job-related injury should have been made on a 40-hour work week because some other nurses worked 40 hours and the claimant was available for 40 hours.

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Berry v. Seramone-Isaacs, C.A. No. 01C-06-132 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: Trial court awarded $ 1,700 to prevailing auto accident plaintiffs for their doctor's expert fee (based on low end of half-day range for two hours in court and reasonable travel time) and $ 1,750 for other conceded costs.

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Mays v. State, No. 391, 2002, SUPREME COURT OF DELAWARE, January 31, 2003, Decided
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Overview: Criminal convictions were affirmed because the trial court did not err in admitting photo arrays, and while the court erred in admitting a witness's identification of defendant and defendant's statement, no prejudice resulted to the defendant.

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Mumford v. Paris, C.A. NO. 00C-05-022 WLW, SUPERIOR COURT OF DELAWARE, KENT, January 31, 2003, Decided
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Overview: Jury's verdict that motorist who caused accident did not suffer a medical emergency which caused him to lose control of his car was supported by evidence, and trial court denied defense's motion for a directed verdict and its motion for a new trial.

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Rodriguez v. State, ID. No. 0102007324, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: Clerk of court complied with state law by sending notice that State was seeking order declaring defendant to be an habitual offender to address that appeared in DMV records, and court's order suspending defendant's driving privileges was valid.

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Savage v. State, No. 361, 2002, SUPREME COURT OF DELAWARE, January 31, 2003, Decided
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Overview: Criminal appeal was wholly without merit and devoid of any arguably appealable issue where defendant pleaded guilty, as defendant was bound by his answers on truth-in-sentencing guilty plea forms and by testimony prior to acceptance of guilty plea.

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Smith v. Hercules, Inc., C.A. No. 01C-08-291 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: A class that was composed of high ranking employees and executives of a company was certified for purposes of bringing a class action suit against that company for breach of contract.

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Starr v. Morris, C.A. No. 01C-08-285-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: Because the issue of legal malpractice required expert opinions on the duty of care, the court could not conclude, on a summary judgment motion, that a law firm's conduct did or did not meet the standard of care.

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State v. Miller, ID #: 0207018007, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: Where defendant committed violent felonies while on bail for his original offenses, State's motion to revoke defendant's bail was denied, as defendant was not being held for trial on capital offense, and thus, had constitutional right to bail.

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State v. Witherspoon, ID #: 9610003447, SUPERIOR COURT OF DELAWARE, NEW CASTLE, January 31, 2003, Decided
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Overview: Defendant's motion for new trial was untimely and his motion for postconviction relief based on claims that the trial court made prejudicial errors and that his trial and appellate counsel were ineffective had no merit, and both motions were denied.

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