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| Catamaran Acquisition Corp. v. Spherion Corp., C.A. No. 00C-09-180-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: Leave was granted to amend complaint to request equitable relief based on innocent misrepresentation, since there was no remedy at law. Equity court could hear a claim for rescissory damages. Buyers could seek reformation in equity court.
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| Cochran v. A.J. Fence Builders, C.A. No. 1999-10-133,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: Where the builder built the homeowners' fence, and all that the builder had left to do was remove marks and rough spots from the fence, the builder had substantially performed its obligation under the contract.
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| Corbitt v. Tatagari, C.A. No. 98C-09-011,
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2001, Decided
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Overview: In medical malpractice action, injured party's motion for new trial was denied where jury instructions were correct statement of substance of law, were reasonably informative, and were not misleading.
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| Div. of Unemployment Ins. v. Herbert Harvey & Unemployment Ins., C.A. No. 00A-07-001,
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2001, Decided
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Overview: Where claimant was business owner who decided to close business because of business failure, he acted voluntarily, even though failure was due to adverse economic circumstances, and thus claimant was not entitled to unemployment benefits.
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| Flood v. Violent Crimes Comp. Bd., C.A. No. 00A-06-002 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: Despite informality of proceedings of Delaware victims' compensation agency, it went too far when it considered ex parte explanations by victim's treating physician regarding causation of her injuries.
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| Johnson Controls, Inc. v. Mansfield, C.A. No. 00A-04-012 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: Court affirmed industrial board's decision finding employee's need for surgery was causally related to work cervical strain. The degenerative disc disease would not have otherwise manifested itself on the date of strain but for his work.
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| McDuffy v. Lumbermens Mut. Cas. Co., C.A. No. 99C-10-139-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: The court would not hear a PIP claim that was rejected by an automobile arbitration panel, and was the subject of previously filed, pending litigation.
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| Moore v. McBride, C.A. No. 99C-05-028,
SUPERIOR COURT OF DELAWARE, KENT, May 31, 2001, Decided
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Overview: Evidence of federal workers' compensation lien amount was admissible in Delaware action to prove damages in action by federal employee against third-party tortfeasor; double recovery danger was not present.
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| Mullins v. Klase, C.A. No.: 99C-04-182-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: Where injured person's PIP benefits provider was insolvent, the injured could not recover benefits that should have been covered by PIP from the tort-feasor.
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| Pasternak v. Lindsay, C.A. No. 98C-06-009-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 31, 2001, Decided
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Overview: A policeman's motion in limine seeking to exclude expert testimony in a driver's suit arising from an auto accident was denied; expert testimony on standards of care for operators of emergency vehicles would assist the trier of fact.
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