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   State Courts - Delaware - March 17, 2006

  
Bachetti Bros. v. Reed, C.A. No. 05A-06-001-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 17, 2006, Decided
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Overview: An employer's petition for review of an employee's temporary total disability benefit award under Del. Code Ann. tit. 19, § 2347 was properly denied because res judicata precluded consideration of the employer's assertions that the employee's arm injury was not work-related and that the employee did not suffer from reflex sympathetic dystrophy.

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Cardone v. State, No. 397, 2005, SUPREME COURT OF DELAWARE, March 17, 2006, Decided
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City of Wilmington v. Sikander, No. 449, 2005, SUPREME COURT OF DELAWARE, March 17, 2006, Decided
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Overview: In a personal injury action brought against the city by an injured wife and her husband, the trial court properly held the city could avail itself of a police officer's privilege to disobey a traffic signal, but the city remained subject to liability under Del. Code Ann. tit. 21, § 4106(d) for the officer's other non-privileged negligent acts.

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Collins v. State, No. 217, 2005, SUPREME COURT OF DELAWARE, March 17, 2006, Decided
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Overview: The trial court abused its discretion in revoking defendant's probation because competent evidence of a violation of probation by defendant was not presented; hearsay evidence connecting defendant to a crime was insufficient to support a revocation of probation.

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Correa v. State, No. 65, 2006, SUPREME COURT OF DELAWARE, March 17, 2006, Decided
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Highland Legacy Ltd. v. Singer, C.A. No. 1566-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 17, 2006, Decided
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Overview: Motion to dismiss a stockholder's complaint in a derivative action was granted under Del. Ch. Ct. R. 23.1 because demand should have been made as the stockholder failed to allege facts with particularity indicating that the majority of the directors in office when the complaint was filed were disabled from impartially considering a demand.

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Samson v. Somerville, No. 392, 2005, SUPREME COURT OF DELAWARE, March 17, 2006, Decided
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Overview: Trial court judgment was affirmed as the trial court properly denied the injured vehicle passenger's motion for judgment as a matter of law as a dispute existed as to material issues. Further, while a vehicle driver's repeated references to the content of a police report were improper under Del. Code Ann. tit. 21, § 313(b), the error was harmless.

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