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| Ingato v. Beisel, C.A. No. 03C-05-087 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2005, Decided
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Overview: College that enrolled the student in an aviation management program and that required FAA certification to be obtained from a flight school was not liable when the student was injured through the negligence of the flight school and its instructor, in part, because the college did not have a direct relationship with the school.
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| MerchantWired, LLC v. Transaction Network Servs., C.A. No. 02C-08-244 FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2005, Decided
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Overview: Although its arguments were somewhat tenuous, a company that had allegedly failed to satisfy certain conditions precedent to acquisition by another managed to introduce sufficient evidence of possible waiver of one condition and sufficient satisfaction of another under standard contract interpretation rules to avoid entry of summary judgment.
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| Ralyea v. KF Envtl. Tech, C.A. No. 03A-10-002 JTV,
SUPERIOR COURT OF DELAWARE, KENT, February 28, 2005, Decided
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Overview: Delaware Industrial Accident Board erred in not requiring an employer to pay a claimant's medical bills; under the collateral source rule, the claimant had standing to petition for recovery of medical bills even though they had been paid by his private insurance since he, not the employer, had paid for the costs of that insurance.
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| Selby v. Old Guard Ins. Co., C.A. No. 04C-01-248 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2005, Decided
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| State v. Bodnari, Def. ID # 9909027880,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 28, 2005, Decided
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Overview: Postconviction petition alleging ineffective assistance of counsel was denied since counsel's failure to listen to taped interview between officer and co-defendant was of no consequence, as counsel reviewed summary and used information to impeach codefendant. Counsel was not required to request mistrial after co-defendant admitted lying to police.
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| State v. Desmond, I.D. # 91009844DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2005, Decided
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Overview: Motion for postconviction relief was denied because defendant had not shown that subsequent interpretations of what was required for a "display" of a weapon for a first degree conviction under Del. Code Ann. tit. 11, § 832 would be applicable to defendant's case when there was evidence from several victims that defendant actually displayed a gun.
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| State v. Steckel, ID No. 9409002147,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2005, Decided
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Overview: Defendant's motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was denied as defendant failed to meet his burden of establishing that the instructions of the court on the death penalty improperly described the role assigned to the jury under Delaware law.
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