Delaware, March, 2005, State Case law

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State Courts - Delaware - March 23 - March 28, 2005

AeroGlobal Capital Mgmt., LLC v. Cirrus Indus., No. 101/266, 2004, SUPREME COURT OF DELAWARE, March 23, 2005, Decided
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Overview: Trial court erred by granting summary judgment in favor of an international investment bank, its subsidiaries, and a manufacturer as to an investor's breach of contract and tort claims as there was a triable issue of fact as to whether the manufacturer waived compliance with contractual rights which were the basis for the grant of summary judgment.

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McBride v. Shipley Manor Health Care, C.A. No. 04C-06-291-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 23, 2005, Decided
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Overview: Where defendant was a licensed skilled nursing home facility and plaintiffs alleged negligent nursing care by defendant, Del. Code Ann. tit. 18, ? 6853 applied, and plaintiffs could not proceed unless they filed the statutorily required Affidavit of Merit.

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Brown v. Church Ins. Co., C.A.No. 02C-06-196RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 24, 2005, Decided
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Overview: First insurer's summary judgment motion alleging property manager's failure to comply with notice provisions in first insurer's policy was denied; notice of loss as to property owner was sufficient to comply with notice provisions as investigation showed first insurer knew or should have known property manager was a potential additional insured.

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DCV Holdings, Inc. v. ConAgra, Inc., CA No. 98C-06-301-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 24, 2005, Decided
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Overview: Where no evidence indicated that officers and directors of former corporate owners knowingly misrepresented accounting lapses and that sophisticated buyers understood the situation perfectly and used it to obtain lower price, there was no fraud; negotiation context made it clear that indemnification clause was limited in scope.

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State v. Butcher, I.D. No. 0403022988, SUPERIOR COURT OF DELAWARE, KENT, March 24, 2005, Decided
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Overview: Where police detective saw defendant's face twice for 20 seconds each, subsequent single photo identification of defendant was not impermissibly suggestive so as to give rise to substantial likelihood of irreparable misidentification. Face-to-face meetings were for prolonged period of time that created minimal likelihood of misidentification.

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Ashley-Fry v. Bayhealth Med. Ctr., C.A. No.: 05A-02-002 (THG), SUPERIOR COURT OF DELAWARE, SUSSEX, March 28, 2005, Decided
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Overview: Delaware courts were unable to discern any meaningful distinction between medical treatment that was unreasonable as opposed to unnecessary. By finding that employee's treatment plan was necessary, Industrial Accident Board (board) implicitly approved its reasonableness. Board correctly applied test set forth in Del. Code Ann. tit. 19, ? 2322.

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Drummond v. State, No. 468, 2004, SUPREME COURT OF DELAWARE, March 28, 2005, Decided
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Overview: Trial court did not err in imposing its sentence on defendant following his admitted probation violations because it did not rely on demonstrably false evidence in doing so; rather, the evidence showed that it correctly relied on his repeated criminal behavior and his inability to stay out of trouble, both of which were documented by the record.

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State v. Upshur, Defendant ID No. 0207009470A (R1), SUPERIOR COURT OF DELAWARE, SUSSEX, March 28, 2005, Decided
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Overview: Results of "field test" on drugs were inadmissible, and for purposes of defendant's postconviction relief claim, defense counsel was not ineffective for not moving to introduce report containing negative "field test." Claim that there was illegal search was procedurally barred as defendant failed to show cause for not raising issue earlier.

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