Delaware, March, 2007, State Case law

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State Courts - Delaware - March 22, 2007

Achtermann v. Bussard, C.A. No. 05C-04-198 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2007, Decided
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Overview: Summary judgment was granted to the owners of a restaurant as to a personal injury action filed by plaintiffs, as the owners had no duty to install wheel stops in front of a restaurant, as it was not sufficiently foreseeable that a driver would drive their vehicle over the curb, across a sidewalk, and through the front of the restaurant.

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Brown v. State, No. 97, 2007, SUPREME COURT OF DELAWARE, March 22, 2007, Decided
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Overview: Because nothing in the record reflected that defendant's failure to file a timely notice of appeal under Del. Sup. Ct. R. 6(a)(ii), 10(a) was attributable to court-related personnel, the appeal was dismissed pursuant to Del. Sup. Ct. R. 29(b).

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Kostyshyn v. State, No. 127, 2007, SUPREME COURT OF DELAWARE, March 22, 2007, Decided
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State v. Lum, Def. ID # 88S01376DI, SUPERIOR COURT OF DELAWARE, SUSSEX, March 22, 2007, Decided
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Overview: Defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief from his unlawful sexual intercourse and burglary convictions was denied as his ineffective assistance of counsel claims were procedurally barred. Moreover, his jurisdictional arguments lacked merit as he had waived his right to be indicted.

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State v. Ortiz, Def. ID No. 0208005710, SUPERIOR COURT OF DELAWARE, SUSSEX, March 22, 2007, Decided
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Overview: Trial court denied defendant's postconviction relief motion arising out of his multiple convictions, affirmed on appeal, stemming from his rape of estranged wife; defendant did not rebut the strong presumption that trial counsel provided effective assistance of counsel as defendant was guaranteed under Del. Const. art. I, ? 7 and Sixth Amendment.

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Wallace v. Keystone Ins. Group, C. A. No. 04C-03-311, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2007, Decided
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Overview: An insurer's Del. Super. Ct. R. Civ. P. 42(b) motion to bifurcate the liability and damages portions of the insureds' claims under their underinsurance policy was denied as the case appeared to be a routine negligence matter with straightforward issues of liability and damages and no special circumstances warranted bifurcation.

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