Delaware, March, 2005, State Case law

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State Courts - Delaware - March 16 - March 21, 2005

CONRAILl v. Liberty Mut. Ins. Co., C. A. No. 97C-10-001 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2005, Decided
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Overview: Where corporation sought defense and indemnity from second insurer in railroad's breach of contract action against corporation, corporation was entitled to defense. Second insurer, which conceded it had duty to defend portion of action, had duty to defend entire suit until it could be determined which claims fell outside policy coverage.

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Ferguson v. Vakili, C.A. No. 03C-07-090-MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2005, Decided
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Overview: Where a patient did not demonstrate that the court overlooked precedent or a controlling legal principle or that it misapprehended the law or the facts in a manner affecting the outcome of the court's decision granting summary judgment against patient in medical malpractice suit, motion for rehearing under Del. Super. Ct. R. Civ. P. 59 was denied.

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Fletcher v. State, No. 270, 2004, SUPREME COURT OF DELAWARE, March 16, 2005, Decided
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Overview: Sufficient evidence of possession of cocaine and digital scale was produced as defendant exercised control over items pursuant to Del. Code Ann. tit. 16, ? 4701(30). Items were found in glove box of car and in passenger side door pocket. Defendant was in passenger seat when car was stopped, and driver heard him open and close glove box.

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Lyon v. Cline, C.A. No. 02C-10-110 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2005, Decided
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Overview: Where plaintiff conclusively proved some degree of compensable general damages and jury awarded to plaintiff only the cost of remedial surgery, the jury failed to award plaintiff any compensation for her injuries sustained in a car accident, and defendant was ordered either to accept additur, as determined by factor of one, or to undergo new trial.

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Oldham v. Taylor, Civil Action No. 18800-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 16, 2005, Decided
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Overview: A court denied a landholder's motion to correct a final judgment pursuant to Del. Ch. Ct. R. 60(a) in a quiet title action because no oversight or error was made in the final order and it was consistent with the court's opinion with regard to distribution of the sale proceeds of real property ordered partitioned.

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City of Wilmington v. Minella, CIVIL ACTION NUMBER 04A-10-008-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2005, Decided
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Overview: In a civil action involving a city's traffic signal enforcement program, in which the city must produce certain statutorily prescribed evidence to satisfy the elements of a prima facie case, when a statutory prima case was made by the city, such could not be rebutted by evidence not relevant to the statutory means for such rebuttal.

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State v. Street, I.D. No. 9705016999, SUPERIOR COURT OF DELAWARE, KENT, March 17, 2005, Decided
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Overview: Where defendant breached the former Del. Super. Ct. R. Crim. P. 11(e)(1)(C) plea agreement by fleeing, the State was not permitted to enforce the plea agreement and to seek a sentence longer than that provided for in the agreement. The State had the option of voiding the agreement or accepting the agreement and the 12-year sentence cap therein.

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Std. Distrib. v. Hall, C.A. No. 03A-12-002 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 18, 2005, Decided
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Overview: Delaware Industrial Accident Board's award to employee was upheld despite conflicting evidence; Board decided claim by permissibly accepting testimony of employee's treating physician who saw employee 15 times over three-year period and monitored changes in his mental condition. Board was entitled to give substantial weight to treating physician.

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Weinstein Enters. v. Orloff, No. 257, 2004, SUPREME COURT OF DELAWARE, March 21, 2005, Decided
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Overview: A shareholder was not entitled to inspect the documents of a subsidiary corporation under Del. Code Ann. tit. 8, ? 220 in a situation where the parent corporation had no actual control over the subsidiary and, therefore, had no actual possession or control of the documents sought to have been produced.

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