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| Bailey v. Beebe Med. Ctr., Inc., C.A. No. 03C-04-013,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 31, 2005, Decided
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Overview: Defendants' motion for a new trial or for a remittitur of the verdict against them in a medical negligence and wrongful death action was denied; the award was proper based on the decedent's suffering, who wandered into a freezer in the nursing home and was not discovered for four hours, and was then improperly treated by the hospital.
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| Bouchard Margules & Friedlander v. Gaylord, C.A. No. 01C-10-131 CLS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 31, 2005, Decided
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Overview: Judgment was entered in favor of clients in a law firm's action seeking to recover payment for legal services rendered, because no contract was ever formed between the parties, as the firm contracted with another attorney representing the clients to assist with a case.
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| Bustos v. Castle Constr. of Del., Inc., C.A.No.04A-12-007 MMJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 31, 2005, Decided
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Overview: Where a claimant's pre-injury wages were higher than his post-injury wages, the Industrial Accident Board did not err in finding that he failed to prove a decreased earning capacity as a result of injuries, because the loss of "actual wages" did not constitute a loss of earning capacity since his pre-injury wages were only temporarily increased.
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| Clark v. State, C. A. No. 04A-10-004-JEB,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 31, 2005, Decided
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Overview: Probative value of a video taken inside a bus in establishing what actually happened in an accident outweighed the risk that the Delaware Industrial Accident Board would draw an improper inference. The video was also relevant to a workers' compensation claimant's credibility, which was called into question during his testimony on cross-examination.
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| Johnson v. State, No. 296, 2005,
SUPREME COURT OF DELAWARE, August 31, 2005, Decided
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Overview: Since defendant, held in default of bail, presented no evidence that criminal charges were facially invalid or had jurisdictional defects, his petition for habeas corpus relief was properly denied under Del. Code Ann. tit. 10, § 6902(1); therefore, appeal of that denial lacked merit and State's Del. Sup. Ct. R. 25(a) motion to affirm was granted.
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| May v. Remington Arms Co., C.A. No. 04C-08-270 FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 31, 2005, Decided
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Overview: Because North Carolina was the situs of an injury and the injured party's residence, pursuant to Del. Code Ann. tit. 10, § 8121 (1999), the court borrowed North Carolina's statute of repose, which left the injured party without a right or a remedy; a manufacturer was entitled to summary judgment.
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| McDougall v. Air Prods. & Chems., Inc., C.A. No. 02A-02-008 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 31, 2005, Decided
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Overview: Settlement of malpractice claim for treatment that was causally related to an underlying work-related injury was properly subject to employer's claim for reimbursement under Del. Code Ann. tit. 19, § 2347. None of the earlier proceedings in long-drawn-out case had related specifically to claim for payment credit.
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| Heritage Homes of De La Warr, Inc. v. Alexander, C.A. No. 1399-K,
COURT OF CHANCERY OF DELAWARE, KENT, September 1, 2005, Decided , September 1, 2005, Filed
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Overview: Where seller held option to buy property if purchasers did not build within three years, option violated rule against perpetuities, as it was possible for option to be exercised outside period prescribed in rule. Option did not have termination date. Seller was corporation with unlimited duration. Option applied to purchasers' heirs and assigns.
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