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   State Courts - Delaware - August 25 - August 26, 2005

  
MBNA Am. Bank, N.A. v. Brooks, C.A.No. 04A-12-005 FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Employee was properly granted additional compensation for his pre-existing neck injury, which was aggravated by his slip and fall during the course of his employment, given testimony and clinical findings from his neurosurgeon, the employee's subjective complaints, his treating physician's reports, and objective studies.

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Munyori v. Div. of Long Term Care Residents Prot., C.A. No. 04A-08-004-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Because elderly victim at nursing facility was not qualified to testify under Del. Code Ann. tit. 11, § 3516(b)(2)(a3), hearing officer properly admitted victim's testimonial statement in lieu of appearance; hearing officer properly placed appellant on adult abuse registry for committing emotional abuse under Del. Code Ann. tit. 16, § 1131.

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State v. Garner, ID #: 0404020580, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Defendant was denied postconviction relief, as: (1) his claims for relief were procedurally barred; (2) his failure to appeal and comply with Del. Super. Ct. R. Crim. P. 61(i) could not support his ineffective assistance of counsel claim; and (3) the administrative and judicial sanctions imposed against him did not constitute double jeopardy.

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State v. Munden, CRIMINAL ACTION NUMBERS, N-03-08-3051 & N-03-08-3052, ID NO. 0306020725, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Overview: Dismissal of DUI charge against defendant was reversed as Del. Code Ann. tit. 21, § 4177(h) did not apply to intoxilyzer cases, State Chemist was not involved in chain of custody, and State Chemist was not necessary witness; defendant's request was based on Del. Code Ann. tit. 10, 4332, which did not apply to alcohol-based DUI proceedings.

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State v. Rivera, ID #: 9503004907, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 25, 2005, Decided
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Albert v. Alex. Brown Mgmt. Servs., C.A. No. 762-N, C.A. No. 763-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 26, 2005, Decided , August 26, 2005, Filed
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Overview: Although certain claims were insufficiently pled, investors in limited partnership adequately stated contract and negligence claims arising out of alleged mismanagement of investment funds; derivative claims, which required allegations of demand for action under Del. Code Ann. tit. 6, § 17-1001, could be repled, and jurisdiction was proper.

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French v. City of Wilmington, C.A. No. 02C-07-063-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 26, 2005, Decided
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Overview: In an action involving a collision with a city fire truck, a driver was not entitled to summary judgment as to his liability based on negligence because sufficient evidence was presented for the jury to decide whether or not the driver had the opportunity to see or hear the fire truck's lights and sirens prior to the collision.

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In re Estate of Hall, No. 383, 2004, SUPREME COURT OF DELAWARE, August 26, 2005, Decided
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Overview: Highest court affirmed lower court's factual and legal determinations that held administrator in contempt for not accounting for and remitting funds he received as administrator of estate. Pro se administrator's brief failed to assert with any specificity what facts were not brought out at trial or why those facts were not brought at trial.

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Lillis v. AT&T Corp., C.A. No. 717-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 26, 2005, Decided , August 26, 2005, Filed
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Overview: Where a telecommunications company initially admitted many of the allegations in the complaint but it sought leave to amend the answer to deny these allegations, leave was conditionally granted under Del. Ch. Ct. R. 15(a). It was best for the case to be resolved on the merits, not on disavowed admissions.

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Zaremba v. GMC, C.A. No. 04A-03-009 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 26, 2005, Decided
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Overview: The Delaware Industrial Accident Board properly reduced the amount of an employee's partial disability benefits based on a physician's testimony that the employee could perform light or sedentary work and a vocational expert's testimony regarding the current labor market, which established that a loss of earning capacity had occurred.

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