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State Courts -
Delaware - April 29 - April 30, 2009
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J.S.F. Props., LLC v. McCann, Civ. No. 07A-03-001-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2009, Decided
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Overview: Judgment finding that LLC intentionally trespassed on owners' property and cut timber, and that owners were entitled to triple damages under Del. Code Ann. tit. 25, ? 1401(b), was proper because there was evidence that one owner advised LLC's operator of the location of the property line, and operator admitted to seeing boundary markers.
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Mason v. Redline Transp. Corp., C.A. No. 06C-01-020 JTV,
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2009, Decided
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Overview: Because an owner was actively involved in on-loading and off-loading operations, positioning of vehicles for on-loading and off-loading, and safety considerations relating thereto, the employee of an independent contractor, who was injured while participating in the off-loading, adequately stated a cause of action for negligence against the owner.
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