Delaware, June, 2004, State Case law

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State Courts - Delaware - June 15, 2004

DeShields v. State, C.A. No. 03A-08-004 JTV, SUPERIOR COURT OF DELAWARE, KENT, June 15, 2004, Decided
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Overview: The employee's claims for medical expenses and authorization to continue treatment were denied because the evidence showed that the medical expenses and proposed treatment were not causally related to her industrial accident.

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Dunlap v. State Farm Fire & Cas. Co., C.A. No. 03C-12-168 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 15, 2004, Decided
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Overview: An underinsured motorist (UIM) insurer was not required to acquiesce to negotiations of its insured with a potential tortfeasor for resolution of claims between the insured and the tortfeasor before the insured's UIM claim had ripened.

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Hall v. Brookside Cmty., Inc., No. 148, 2004, SUPREME COURT OF DELAWARE, June 15, 2004, Decided
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In re Rich, Civil Action No. 218-N, Will Folio No. 130228, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 15, 2004, Decided
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Overview: Since two daughters failed to file an action for review of their mother's will within the statutory time period, and they did not allege that the son willfully failed to file the will, their petition had to be dismissed.

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King v. DuPont, C.A. No. 02A-09-004 JTV, SUPERIOR COURT OF DELAWARE, KENT, June 15, 2004, Decided
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Overview: The Delaware Industrial Accident Board's decision to deny partial disability benefits was supported by the record as the evidence showed that the employee did not suffer any work restrictions, loss of earning capacity, or temporary disability.

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State v. Devonshire, I.D. No. 0310004348, SUPERIOR COURT OF DELAWARE, KENT, June 15, 2004, Decided
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Overview: A defendant was not entitled to stay a trial on an attempted robbery charge until after his trial on a murder charge where he had the opportunity to cross-examine a witness, key to both cases, at the first trial and no prejudice was shown.

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Tafeen v. Homestore, Inc., Civil Action No. 023-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, June 15, 2004, Decided
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Thompson v. Reinco, Inc., C.A. No. 01C-04-076 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 15, 2004, Decided
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Overview: In a product liability action, the state where the injured party lived and worked, and where his employer, to which the allegedly defective product was delivered, was incorporated and had its principal place of business, determined the choice of law.

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Washington v. Diamond State Sec., C.A. No. 03A-11-007 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 15, 2004, Decided
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Overview: Appeal board properly found that discharged worker was disqualified from receiving unemployment insurance benefits, because the evidence supported the finding that the worker left her employment without good cause.

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