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| Baker v. Hosp. Billing & Collection Serv., C.A. No. 02A-10-001 HDR,
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2003, Decided
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Overview: Delaware worker who failed to attend hearing on former employer's appeal from award of unemployment benefits waived her rights, and reversal of the award was upheld in the absence of legal error since it was supported by substantial evidence.
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| Bryson v. State, No. 100, 2002,
SUPREME COURT OF DELAWARE, April 30, 2003, Decided
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Overview: Trial court properly described to jury mistake of law defense as affirmative defense with higher burden of proof than preponderance. Statutory law, establishing burden for affirmative defenses as preponderance, did not apply to common law defense.
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| Cummings v. New Castle County, C.A. No.: 00C-03-260-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: Defendant's motion for summary judgment, in an action by an injured party to recover for emotional distress, was granted; the injured party failed to provide expert testimony, and without such testimony there was a failure of proof.
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| Del. Plumbing Supply Co. v. Austin, C.A. No. 02A-08-002 CHT,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: Where an individual relied on agency personnel in preparing a pro se complaint, failure to file a response to a motion for fees and costs was not a waiver; a finding of no improper motive was supported by substantial evidence.
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| Donaway v. George & Lynch, C.A. No. 01A-07-008 JTV,
SUPERIOR COURT OF DELAWARE, KENT, April 30, 2003, Decided
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Overview: Fact that claimant had undergone so little verifiable treatment for any bladder problem was adequate to support conclusion that claimant failed to meet his burden of proving that his work-related injury caused a permanent impairment of his bladder.
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| Goldsborough v. Bunting, C.A. No. 01C-10-097 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: Where there was a factual dispute as to whether plaintiff maintained a proper lookout and whether his conduct contributed to a vehicle collision, there was support for the trial court's instruction to the jury on comparative negligence.
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| Goss v. Coffee Run Condo. Council, C.A. No. 18981-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: Non-weight-bearing wall to condominium unit was limited common element, and, as such, repair of the wall had to be undertaken by condominium association, as limited common elements were treated as a subset of common elements, unless otherwise stated.
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| McNeill v. Unemployment Ins. Appeal Bd., C.A. No. 02A-06-003 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: An employee who was fired after behaving with extreme arrogance during a meeting with management to discuss past noncompliance with employer directives was dismissed for just cause and disqualified from receiving Delaware unemployment benefits.
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| State v. Riley, ID #: 9705008339,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 30, 2003, Decided
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Overview: Where defendant's second motion for postconviction relief was repetitive, procedurally defaulted, and formerly adjudicated, defendant was not entitled to relief and summary dismissal was appropriate.
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| Taylor v. State, Nos. 321, 2001 & 344, 2001 Consolidated,
SUPREME COURT OF DELAWARE, April 30, 2003, Decided
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Overview: Following defendant's being taken into custody, unfolding and reading confession letter found in defendant's pocket did not exceed scope of inventory search. Weight of authority allowed police officers to read papers seized during inventory search.
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