Delaware, May, 2002, State Case law

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State Courts - Delaware - May 28 - May 29, 2002

E.I. Dupont De Nemours & Co. v. Huttig Bldg. Prods., C.A. No. 02C-02-135-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 28, 2002, Decided
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Overview: Where the parties' distributorship agreement stated that disputes would be resolved in Delaware, and the distributor effectively "cast a cloud" on the agreement, it was appropriate for the manufacturer to seek declaratory relief.

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Moore v. State, No. 459, 2001, SUPREME COURT OF DELAWARE, May 28, 2002, Decided
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Overview: Defendant's motion for postconviction relief was properly denied as moot, where defendant was no longer in custody pursuant to the particular sentencing order which he was challenging in his motion.

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Peterson v. Del. Food Corp., C.A. No. 97C-07-050, SUPERIOR COURT OF DELAWARE, KENT, May 28, 2002, Decided
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Overview: Evidence that assailant minors were drinking in tavern owner's tavern was admissible on issue of foreseeability under narrow predicate for liability, one which arose from common law duty of property owner to business invitee.

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Peterson v. Del. Food Corp., C.A. No. 97C-07-050, SUPERIOR COURT OF DELAWARE, KENT, May 28, 2002, Decided; June 21, 2002, Corrected
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Overview: Tavern owners' motion in limine to prohibit introduction of any testimony that minors consumed or were served alcohol at a tavern was partially denied; the evidence was admissible on the issue of foreseeability under common law principles.

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Pratt v. L & E Eauto, Civil Action No. 2001-10-011, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, May 28, 2002, Decided
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Overview: Corporation's motion for reargument on the issue of the individual's failure to perfect service was granted, as a summons was left with a manager on duty, but no one was employed in that capacity at the corporation; thus, service was not perfected.

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Rowe v. Rowe, C.A. No. 16119, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 28, 2002, Decided
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Overview: There was a binding agreement to settle this suit. Substance of agreement was confirmed by testimony of brother and his sister who were present at the time. Settlement to deed over to the son title to parcel was a binding, enforceable contract.

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State v. Clay, IK01-10-0010, SUPERIOR COURT OF DELAWARE, KENT, May 28, 2002, Decided
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Overview: A police officer had a reasonable and articulable suspicion of criminal activity involving defendant to justify a brief, investigatory stop, and the officer had probable cause to believe that defendant was driving under the influence.

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Harding v. Freeman, C.A. No. 2001-05-298, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, May 29, 2002, Decided
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Overview: Contractor materially breached his contract with a homeowner to install a garage door, where witness testified that garage door was improperly installed because it was "off track" and did not have enough support, the proximate cause of the damage.

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