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| Capron v. Buccini, C.A. No. 99A-12-018 WCC,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 28, 2001, Decided
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Overview: Extensive statutory framework was sole means of enforcing arbitration award, and lower court lacked jurisdiction under statute to determine, albeit correctly, that common law action was statutorily untimely.
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| Cunningham v. Acro Extrusion Corp., C.A. No. 98C-05-167,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2001, Date Decided
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Overview: In a worker's compensation action, employer failed to dispute any claim made by injured worker until well after the default period had run, and therefore summary judgment was proper on injured worker's claim for benefits.
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| Draper v. State, No. 147, 2000,
SUPREME COURT OF DELAWARE, February 28, 2001, Decided
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Overview: Case was remanded to clarify the record as to whether defendant had invoked his right to silence during interrogation by asking to speak with his mother. If he had, then his subsequent confession must be suppressed.
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| McClements v. Picker Int'l Sales Corp., C.A. No. 00C-03-048,
SUPERIOR COURT OF DELAWARE, KENT, February 28, 2001, Date Decided
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Overview: Request for certification of a question of law to state supreme court was denied. There was not an important and urgent reason for an immediate determination of the question by the supreme court.
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| Wright v. State, No. 482, 2000,
SUPREME COURT OF DELAWARE, February 28, 2001, Decided
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Overview: The court affirmed a judgment denying a defendant's motion for post-conviction relief. There was no discretion abuse from denial of continuance on trial day to obtain substitute counsel. Defendant's plea was knowing and voluntary.
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| Freibott v. Patterson Schwartz & Assocs., Civil Action No. 1998-06-319,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 1, 2001, Decided
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Overview: The real estate agent, selling agent, and real estate agency did not defraud the buyer of the property by failing to inform him that a fire escape had to be installed, because neither the agents nor the agency knew of the code violation.
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| Harris v. Vargas, C.A. No.: 98C-08-103-VAB (FSS),
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 1, 2001, Decided
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Overview: Court denied motion for summary judgment in action alleging a certain vehicle was covered by a certain insurance policy. Record did not show that the vehicle was replacement for the original vehicle covered by the policy.
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| Nichols v. Util. Sys., C.A. No. 98C-10-004,
SUPERIOR COURT OF DELAWARE, SUSSEX, March 1, 2001, Decided
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Overview: Defendant could not require plaintiffs to help offset its losses because plaintiffs had never entered into such an agreement. Defendant's agreement with developer did not impose contractual duty upon third-parties.
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| TIG Ins. Co. v. Berry, Cr. A. No. 2000-02-263,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 1, 2001, Decided
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Overview: The driver was not negligent for rear-ending the insured party's car, because on the night of the accident it was dark, traffic was heavy, it was raining, the road conditions were poor, and the accident was unavoidable.
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