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| Nationwide Gen. Ins. Co. v. Mendes, C.A. No. 05C-10-039 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2007, Decided
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Overview: Where an insurer argued that it owed no duty to indemnify or defend a driver or the driver's uncle in an underlying personal injury action, summary judgment was inappropriate because factual issues existed as to whether legal title of the vehicle passed from the uncle to the driver prior to the accident under Del. Code Ann. tit. 21, § 101(45).
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| Pekala v. E.I. DuPont de Nemours & Co., C.A. No. 06A-04-014WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Delaware Industrial Accident Board's finding that employee did not suffer permanent impairment of his respiratory system was supported by substantial evidence as Board, in accordance with Del. Code Ann. tit. 19, 2345, clearly reviewed evidence, explained which doctor's opinion it favored, and set forth how it reached its final conclusion.
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| Postell v. Eggers, C.A. No. 06C-11-021 (JTV),
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2007, Decided
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Overview: Reconsideration of order granting appointment of private counsel for state official was denied because department of justice filed motion for appointment of counsel under Del. Sup. Ct. R. 68(f); thus, 10 day time requirement of Rule 68(c) did not apply given that conflicts of interest might not be comprehended so soon after the official was served.
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| Smoot v. D'Ambrosio Motors, Inc., C.A. No. 00C-12-110-WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Though truck driver's negligence was the sole cause of an auto accident, plaintiff was not entitled to the expenses of microsurgical transforaminal lumbar discectomies, as they had not been recommended by any treating physician, and the trial court concluded that this expense was unnecessary and unreasonable.
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| State v. DeShields, Def. ID #: 0304012359A,
SUPERIOR COURT OF DELAWARE, SUSSEX, May 31, 2007, Decided
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Overview: Defendant's motion for postconviction relief from his first degree murder and related convictions was denied where his trial counsel may have lost credibility with the jury and undermined the arguments they planned to make in defending against the first degree murder charges had they requested a lesser-included manslaughter jury instruction.
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| State v. Massey, I.D. NO: 0605019268,
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2007, Decided
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Overview: Defendant's motion for acquittal of possession of a deadly weapon during the commission of a felony was denied. Defendant's challenge, based on a jury instruction, concerned the sufficiency of the law, not the sufficiency of the evidence; moreover, the instruction made it clear that the jury first had to find defendant guilty of a felony.
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| State v. Weber, ID No. 0408022175,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Defendant's motion for new trial was denied as untimely under Del. Super. Ct. R. Crim. P. 33 and 45(b) because evidence of psychosis caused by prescription medication was not new evidence as documentation was either dated pre-trial, or was duplicative of pre-trial documents, and motion was filed over year after verdict.
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| Walton v. Radiology Assocs., C.A. No. 06A-04-002-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Judgment was affirmed as Delaware Industrial Accident Board's denial of compensation for workers' compensation claimant's medications was supported by substantial evidence under Del. Code Ann. tit. 19, § 2322(a) as employer's expert testified that she should have been weaned off of medications before non-compensable injury.
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| Wharton v. Worldwide Dedicated Servs., C.A. No. 04C-02-035 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2007, Decided
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Overview: Because a truck driver was unable to develop evidence to support his various theories as to what might have occurred with the testing of a specimen, the driver's Del. Super. Ct. R. Civ. P. 59(e) motion for reargument was denied.
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