Delaware, April, 2004, State Case law

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State Courts - Delaware - April 2 - April 5, 2004

Fort v. Kosmerl, C. A. No. 03C-07-087 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2004, Decided
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Overview: Abatement provision in savings statute did not apply until dismissal order in original action was affirmed; thus, trial court's earlier ruling dismissing two motorists' claim was clarified to indicate that dismissal did not constitute abatement.

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Goodridge v. Hyster Co., No. 268, 2003, SUPREME COURT OF DELAWARE, April 2, 2004, Decided
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Overview: Exclusion of general safety expert's opinion that all forklifts should have back-up warning light and alarm was not abuse of discretion; he had no design experience and his opinion did not assist jury to interpret literature he relied on.

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Kerns v. Dukes, Civil Action No. 1999-S Class Action, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 2, 2004, Decided
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Overview: Claims by property owners, alleging that a county council's expansion of a sanitary sewer district was unauthorized, were barred by the applicable limitations periods; tolling was inapplicable under a variety of theories.

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Tooley v. Donaldson, Lufkin, & Jenrette, Inc., No. 84, 2003, SUPREME COURT OF DELAWARE, April 2, 2004, Decided
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Overview: Dismissal (but without prejudice) of shareholders' suit against corporation was proper, suit stated direct, not derivative, damages, but did not yet state ripe claim upon relief could be granted, since acquirer had right to extend merger date.

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Anderson v. State, No. 322, 2003, SUPREME COURT OF DELAWARE, April 5, 2004, Decided
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Overview: Where the evidence was sufficient to support defendant's convictions and the jury instructions correctly stated the law and enabled the jury to perform its duty, defendant's appeal was wholly without merit and devoid of any appealable issues.

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Bailey v. State, C.A. No. 03A-07-011 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2004, Decided
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Overview: The Delaware Industrial Accident Board properly determined that an injured school custodian was no longer totally disabled, was not a displaced worker, but had a diminished earning capacity. He was awarded partial disability benefits.

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Crump v. State, No. 72, 2004, SUPREME COURT OF DELAWARE, April 5, 2004, Decided
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Overview: Where defendant expressed satisfaction with counsel's performance in a plea form and during a plea colloquy, he was bound by the statements and, therefore, failed to substantiate his claim of ineffective assistance of counsel.

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Ford v. State, No. 561, 2003, SUPREME COURT OF DELAWARE, April 5, 2004, Decided
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Hartman v. Unemployment Ins. Appeal Bd., C.A. No. 03A-09-003 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2004, Decided
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Overview: Where an employee filed an untimely appeal of a claims deputy's decision and there was no administrative error by the Delaware Department of Labor, the employee's appeal was properly dismissed.

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Robertson v. Robertson, No. 529, 2003, SUPREME COURT OF DELAWARE, April 5, 2004, Decided
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