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   State Courts - Delaware - February 13, 2004

  
Builders & Managers, Inc. v. Dryvit Sys., Inc., CA No. 00C-11-111-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 13, 2004, Decided
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Overview: Builder's indemnification claim against exterior surface manufacturer was not dismissed as to homes on which surface was installed as a common tort liability was alleged, builder paid entire liability, and economic loss did not protect manufacturer.

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Deptula v. Horace Mann Ins. Co., No. 362, 2002, SUPREME COURT OF DELAWARE, February 13, 2004, Decided
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Overview: Where the statutory threshold for UIM coverage was satisfied by any one policy, stacking was permitted.

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Eskin v. Carden, No. 322, 2002, SUPREME COURT OF DELAWARE, February 13, 2004, Decided
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Overview: The trial court correctly excluded the biomechanical expert's proffered testimony because it did not connect the general biomechanical analysis of the physical forces involved in the accident to the unique medical history of the injured party.

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Garden v. State, Nos. 252 & 292, 2003, SUPREME COURT OF DELAWARE, February 13, 2004, Decided
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Overview: The jury's recommendation of life in prison had to be respected because it was supported by the record and was not irrational. Proper application of the Tedder standard required that the trial court's override be reversed.

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In re Graham, No. 28, 2004, SUPREME COURT OF DELAWARE, February 13, 2004, Decided
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Michael Comrie v. Enterasys Networks, a Del. Corp., Gnts (canada), an Ont. Corp., And Globalnetwork Tech. Servs., a Del. Corp., Defendants, C.A. No. 19254, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 13, 2004, Decided
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Overview: Employees, as donee beneficiaries, had standing to bring a breach of stock purchase agreement suit; however, certain of those employees were barred from bringing suit because of releases signed by them as part of a severance package.

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Shoemaker v. Superior Court, No. 9, 2004, SUPREME COURT OF DELAWARE, February 13, 2004, Decided
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