Delaware, May, 2002, State Case law

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State Courts - Delaware - May 30, 2002

Deptula v. Horace Mann Ins. Co., C.A. No. 01C-04-166 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2002, Decided
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Overview: When deciding if claimant was entitled to underinsured motorist coverage, claimant had to show that a tortfeasor was an underinsured motorist by comparing, policy-by-policy, each available underinsured motorist policy with the tortfeasor's policy.

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Huey v. DCSE/Stevens, No. 186, 2001, SUPREME COURT OF DELAWARE, May 30, 2002, Decided
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Overview: The father had counsel and there was no finding that he was indigent; moreover, while the prosecutor requested the father's commitment to the work release program, the commissioner did not grant the request.

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In re Mifflin, No. 186, 2002, SUPREME COURT OF DELAWARE, May 30, 2002, Decided
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Lipson v. Lipson, No. 108, 2001, SUPREME COURT OF DELAWARE, May 30, 2002, Decided
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Petsinger v. Doyle, C.A. NO.: 01A-12-005-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2002, Decided
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Porterfield v. State, No. 335, 2001, SUPREME COURT OF DELAWARE, May 30, 2002, Decided
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Overview: Defendant's allegations of ineffective assistance of counsel were conclusory and warranted summary dismissal of postconviction relief petition. Defendant offered no evidence that counsel's conduct fell below objective standard of reasonableness.

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State v. Brown, ID # 0103020924, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2002, Decided
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Overview: Where defendant, unprovoked, ran from a vehicle that was stopped for a traffic violation, and defendant discarded contraband in the process, police had a reasonable suspicion of criminal activity to detain defendant.

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State v. Grenier, I.D. 0011015591, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2002, Decided
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Overview: The State did not have to secure the presence of the forensic chemist who performed a blood alcohol analysis on defendant where defendant was going to elicit testimony on defendant's blood alcohol content at the time of an accident.

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Sullivan v. Sanderson, C.A. No. 98C-08-021-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2002, Decided
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Overview: A jury could reject medical expert opinions based entirely on subjective symptoms and award zero damages where the record demonstrated that experts' opinions and testimony were based on the plaintiff's subjective complaints.

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Thomason v. Temp Control, C.A. No. 01A-07-009, SUPERIOR COURT OF DELAWARE, KENT, May 30, 2002, Decided
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Overview: Delaware Industrial Accident Board abused its discretion in failing to apply all 10 Cox factors to determine worker's compensation claimant's award of attorneys' fees. Further, Board erred in applying amended version of attorneys' fees statute.

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