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   State Courts - Delaware - February 20 - February 21, 2003

  
Deputy v. Roy, C.A. No. 02C-04-314 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2003, Decided
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Overview: Civil rights and negligence action by inmate, alleging that he did not receive adequate medical treatment, was not viable, as against attorney general, as there was no personal involvement and State was not a proper defendant in civil rights action.

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Habbart v. Liberty Mut. Fire Ins. Co., C.A. No. 00C-12-169 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2003, Decided
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Overview: In insured's action against insurer, seeking reimbursement under PIP provision of automobile insurance policy, trial court allowed insured to use photographs taken after accident to impeach doctor's testimony, and admitted photographs into evidence.

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Habbart v. Liberty Mut. Fire Ins. Co., C.A. No. 00C-12-169 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2003, Decided
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Overview: Insured's claim for medical expenses under PIP provision of car insurance policy was not a claim for property damage, and state statute allowing attorneys' fees to be taxed as costs when insured obtained judgment for property damage did not apply.

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Marra v. Wilson, C.A. No. 00C-08-019 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2003, Decided
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Overview: Credit for payment under insured's uninsured motorist policy was deducted from Delaware Insurance Guaranty Association's statutorily-prescribed maximum potential obligation, as this placed the insured in same position they would otherwise have been.

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Williamson v. New Castle County, C.A. No. 19019-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 20, 2003, Decided
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Overview: Chancery court granted county's summary judgment motion to dismiss certain county employees' § 1983 claim; under rational basis scrutiny, pension did not violate equal protection for not letting former federal employees buy past service credits.

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Fink v. State, No. 344, 2002, SUPREME COURT OF DELAWARE, February 21, 2003, Decided
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Overview: Defendant's sentence of eight years at Level V incarceration, followed by 35 years of probation, was not excessive where defendant was convicted of 30 child pornography charges, as sentence was within statutory limits and did not show a closed mind.

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Froio v. Du Pont Hosp. for Children, No. 378, 2001, SUPREME COURT OF DELAWARE, February 21, 2003, Decided
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Overview: Although an administratrix's medical expert gave arguably inconsistent responses to different questions, the expert did not repudiate her opinion and the deposition provided the factual basis a medical malpractice claim.

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Kostyshyn v. State, No. 42, 2003, SUPREME COURT OF DELAWARE, February 21, 2003, Decided
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