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State Courts -
Delaware - July 9 - July 11, 2007
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Grabowski v. Mangler, No. 65, 2007,
SUPREME COURT OF DELAWARE, July 9, 2007, Decided
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Overview: Co-employees were not entitled to summary judgment on negligence claim because trial court, after determining that workers' compensation was employee's exclusive remedy under Del. Code Ann. tit. 19, ? 2304, failed to analyze, under "Larson" test, whether his co-employees' conduct was horseplay that was outside the course and scope of employment.
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Hyatt v. Toys "R" Us, Inc., No. 327, 2006,
SUPREME COURT OF DELAWARE, July 9, 2007, Decided
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Overview: By analyzing the evidence presented from the perspective of the condition of a bicycle at the time of sale, rather than the manner in which it came to be in that condition, a jury could have found that the bike was not "merchantable," and the seller was not entitled to judgment notwithstanding the jury's verdict in favor of the buyer.
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McNair v. Taylor, C.A. No. 06C-08-031 JTV,
SUPERIOR COURT OF DELAWARE, KENT, July 10, 2007, Decided
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Overview: In a former inmate's suit for medical negligence and constitutional violations, defendants were not entitled to have any allegations stricken based on a statute of limitations issue under Del. Code Ann. tit. 18, ? 6856, because appropriate pleading in which to raise that issue was the answer, as an affirmative defense, and not a motion to dismiss.
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Merrill Lynch Trust Co., FSB v. Campbell, C.A. No. 1803-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, July 11, 2007, Decided
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Overview: A settlor-beneficiary's counterclaim against a trustee, alleging that it engaged in fraud and negligent misrepresentation in inducing her to enter into the trust and to name it as the trustee, was timed-barred under Del. Code Ann. tit. 10, ? 8106, as no tolling provisions applied where the misrepresentations were not previously unknowable.
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