Delaware, February, 2004, State Case law

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State Courts - Delaware - February 24, 2004

Brahmbhatt v. Brahmbhatt, No. 364, 2003, SUPREME COURT OF DELAWARE, February 24, 2004, Decided
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DaimlerChrysler Corp. v. Pa. Nat'l Mut. Cas. Ins. Co., Consolidated Cases C.A. No. 95C-04-167 CLS, C.A. No. 01C-04-036 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2004, Decided
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Overview: Where there was a factual issue of whether an insurer had notice of its potential liability in a case, summary judgment was inappropriate.

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Grasty v. Michail, C.A. No. 02C-05-89 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 24, 2004, Decided
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Overview: Where stock ownership of a hospital and control of its budgeting and funding were insufficient to "pierce the corporate veil" or to support the existence of an agency relationship, a parent corporation was entitled to a judgment on the pleadings.

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In re Proctor, No. 610, 2003, SUPREME COURT OF DELAWARE, February 24, 2004, Decided
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Overview: Where an inmate was not entitled to file anything further in his case, a stay was not available; in addition, mandamus was not available because the trial court had not arbitrarily failed or refused to perform a duty owed to him.

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McDougall v. Nat'l Union Fire Ins. Co., C.A. No. 01C-07-031 - JTV, SUPERIOR COURT OF DELAWARE, KENT, February 24, 2004, Decided
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Overview: Injured worker was entitled to amounts awarded as well as liquidated damages, fees, and costs awardable in Delaware actions for unpaid wages; longer limitations period applicable to workers' compensation claims applied.

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Monroe v. State, No. 407, 2003, SUPREME COURT OF DELAWARE, February 24, 2004, Decided
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Overview: The highest court affirmed denial of defendant's motion to correct his sentences for burglary and felony theft since he did not claim sentences exceeded statutorily authorized limits, violated double jeopardy, or were ambiguous or contradictory.

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State v. Wiggins, I.D. Nos. 0307019740 and 0308000827, SUPERIOR COURT OF DELAWARE, KENT, February 24, 2004, Decided
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Overview: The State's motion to order defendant to submit a handwriting exemplar was granted because compelling a handwriting exemplar did not violate defendant's privileges against self-incrimination under the Delaware Constitution.

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Warrington v. Peterson, C.A. No. 99C-03-015 JTV, SUPERIOR COURT OF DELAWARE, KENT, February 24, 2004, Decided
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Overview: Jury verdict in plaintiffs' personal injury action, arising from a motor vehicle accident caused by defendant, was within the jury's discretion and not excessive given the injuries suffered; defendant's motion for new trial or remittitur was denied.

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