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   State Courts - Delaware - June 29, 2001

  
DuPont Hosp. for Children v. Pierce, C.A. No. 01A-01-008-CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Industrial accident board did not deny employer due process by using time limits at hearing and did not err by accepting psychologist's testimony as to cause of claimant's mental condition. Claimant proved recurrence of total disability.

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Great Lakes Chem. Corp. v. Pharmacia Corp., C.A. No. 18276, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Breach of contract claim was dismissed where complaint failed to allege that purchaser suffered cognizable injury resulting from breach. Predictions about future and statements of opinion did not give rise to actionable fraud.

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Hayes Trucking, Inc. v. Johns, C.A. No. 00A-06-007 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Industrial Accident Board's calculation of average weekly wage rate was legal issue that did not require evidentiary hearing and board's finding that employer and employee had entered valid agreement was supported by substantial evidence.

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Nationwide Mut. Ins. Co. v. Goerlitz, CIVIL ACTION NUMBER 99C-09-150-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Because insurance policy for homeowners' insurance was considered severable as to each of the possible insured under the insurance contract, damage resulting from arson by one of the insured did not exclude the other family members from coverage.

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Norton v. Mulligan, C.A. No. 99C-03-102 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: New trial was denied in first driver's action after jury found that first driver was more negligent than second driver. Jury was properly instructed on first driver's duty under traffic statutes and lay witness's opinion was properly admitted.

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State v. Hawkins, Supreme Court No. 411, 2000, SUPERIOR COURT OF DELAWARE, KENT, June 29, 2001, Decided
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Overview: The lower court found that if permitted by the supreme court, defendant should be allowed to proceed to appeal with legal representation; defendant's request to withdraw a request to proceed pro se was knowing, voluntary, and intelligent.

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State v. Marshall, ID Nos. 9907015850, 9907015833, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Delaware trial court's suppression of evidence and sua sponte dismissal of all charges against defendant without holding any hearing at all was an abuse of discretion.

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State v. Nelson, ID #: 9611000380, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Defendant's motion for postconviction relief was dismissed where the defendant failed to explain how his trial attorney's actions fell below an objective standard or how he was prejudiced by the alleged failures.

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State v. Payne, I.D. No. 88000107DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Thomas v. Beaudet, C.A. No. 98C-09-084 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 29, 2001, Decided
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Overview: Award of costs to injured party was vacated where the court wrongly reimbursed him for a trial fee that the driver paid and where the court wrongly awarded him arbitration fees.

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