Delaware, June, 2004, State Case law

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State Courts - Delaware - June 22 - June 24, 2004

Banks v. Blackburn, Civil Action No. 03C-11-002 WLW, SUPERIOR COURT OF DELAWARE, KENT, June 22, 2004, Decided
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Overview: The court concluded that the injured party was entitled to $ 46,852 in total damages where the medical bills submitted were reasonable and related to the injury he received as a result of the motor vehicle accident.

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City of Wilmington v. Wilmington FOP Lodge # 1, C.A. No. 20244-NC, COURT OF CHANCERY OF DELAWARE, KENT, June 22, 2004, Decided
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Overview: A city was entitled to a permanent injunction enjoining a police union from arbitrating a bonus dispute where the collective bargaining agreement between the parties had expired and the issue was otherwise a non-arbitrable claim.

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Curtis v. Am. Indep. Ins. Co., C.A. No. 03C-11-001 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 22, 2004, Decided
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Overview: An insurer was granted a judgment on the pleadings in an insured and driver's breach of contract action, as stacking of the coverage of two vehicles under one policy was prohibited for purposes of underinsured insurance benefits.

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Orloff v. Weinstein Enters., C.A. No. 186-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 22, 2004, Decided
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Overview: When a corporation was ordered to attempt to cause its subsidiary to comply with an order allowing the corporation's stockholder to inspect the subsidiary's books and records, it was appropriate to stay that order pending the corporation's appeal.

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Chriscoe v. Colonial Trucking, C. A. No. 03A-06-006 JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 24, 2004, Decided
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Overview: Board's decisions to approve two agreements between employee and employer to settle workers' compensation claim were affirmed; agreements' use of hourly wage rate below what was claimed was not proved to be mutual mistake--it was agreement.

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Parks v. Wal-Mart, C.A. No. 03A-03-001 HDR, SUPERIOR COURT OF DELAWARE, KENT, June 24, 2004, Decided
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Overview: Board properly denied workers' compensation claim based on conflicting, but substantial, medical opinion that injections were not necessary and that prescribing doctor was not aware of employee's preexisting fall, fibromyalgia, and arthritis.

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