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   State Courts - Delaware - March 15 - March 16, 2006

  
Dunning v. McCloskey, C.A. No. 03C-12-012 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 15, 2006, Decided
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Overview: Plaintiffs' motion to amend a complaint to name the executor of an estate as a party and for an extension of time was granted, as plaintiffs' failure to respond to a notice of the death of a driver within the 90-day period provided by Del. Super. Ct. R. Civ. P. 25 was a result of excusable neglect pursuant to Del. Super. Ct. R. Civ. P. 6(b).

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Giulianelli v. Zogby, C.A. No. 05C-05-023-THG, SUPERIOR COURT OF DELAWARE, SUSSEX, March 15, 2006, Decided
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Overview: Because a driver presented no evidence as to why he did not see a traffic light or why he did not timely react to the change from green to red, and because punitive damages in automobile personal injury cases were rarely awarded absent truly outrageous and reckless conduct, the driver's motion for summary judgment was denied.

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Landon v. Div. of Family Servs., No. 469, 2005/No. 485, 2005 (Consolidated), SUPREME COURT OF DELAWARE, March 15, 2006, Submitted , March 15, 2006, Decided
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Marati, Inc. v. Agrinio, Ltd., C.A. No. 03C-06-014, SUPERIOR COURT OF DELAWARE, SUSSEX, March 15, 2006, Decided
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Overview: Because the sellers sold the collateral within two days of a default at a private sale without any real emergency and without any attempt to try to locate the borrower or the guarantor, the sale was not commercially reasonable; consequently, the sellers were not entitled a deficiency judgment or summary judgment.

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Moyer v. Gelman, C.A.No. 06C-01-149-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 15, 2006, Decided
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McLaren v. Mercedes Benz USA, LLC, C.A. No. 04C-04-019-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 16, 2006, Decided
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Overview: When buyers claimed that their car had a "vibration condition" that made it undriveable, their expert testimony was excluded under Del. R. Evid. 702 because it was not the product of any scientific method, but of the subjective feelings the expert had when test-driving the car. As a result, their Automobile Warranty Act and other claims failed.

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