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| Flowers v. State Farm Mut. Auto. Ins. Co., Cr. A. No. 1999-10-118,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 2, 2001, Decided
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Overview: Independent medical reviewer's testimony that chiropractic care received by insured party was not necessary and reasonable was more credible than that of insured party's medical expert; insurer was not liable for care.
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| Nationwide Mut. Ins. Co. v. Flagg, CIVIL ACTION NUMBER 99C-08-247-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 3, 2001, Decided
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Overview: The fact a defendant was convicted of rape and murder thereby preventing the victim's survivors from relitigating the issue of mental capacity in a subsequent civil action did not prevent them from arguing that the defendant was intoxicated.
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| State v. Coverdale, ID Nos. 9904010878, 9907014022,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 3, 2001, Decided
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Overview: Defendant's motion for postconviction relief was denied where his plea was given voluntarily and freely and neither the State nor his attorney threatened him or forced him to enter his plea.
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| Evans v. Donald Riggs & the Estate of Donald Riggs, CIVIL ACTION NO. 99C-08-006,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 5, 2001, Decided
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Overview: Questions of negligence were reserved for fact trier and questions of proximate cause except rarely were fact questions ordinarily to be submitted to jury. These issues were primarily factual and generally inappropriate for summary judgment.
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| Harford Mut. Ins. Co. v. B & B Envtl. Servs., C.A. No. 00-12-0051,
COURT OF COMMON PLEAS OF DELAWARE, KENT, July 5, 2001, Decided
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Overview: Subcontractor that failed to remove asbestos from roof in timely fashion was liable for damages for breach of contract, but not for negligence, where rain damaged building. It was general contractor's duty to cover roof when rain was imminent.
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| State v. Taylor, CRIMINAL ACTION NO. IN00-04-0180,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 5, 2001, Decided
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Overview: Based on the nature and severity of defendant's actions, combined with the deliberative nature of the murder, and defendant's criminal past, defendant was properly sentenced to death.
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| Allenson v. Midway Airlines Corp., C.A. No. 15734-NC,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 6, 2001, Decided
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Overview: Corporation and controlling stockholder neither possessed nor exercised legal power to implement concessions on or before a merger date, so concessions' value could not be considered as part of going concern value for appraisal purposes.
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| McNeil v. Bennett, Civil Action No. 15875,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 6, 2001, Decided
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Overview: Trustees breached duties by failing to inform trust beneficiary of his rights in a timely fashion, by favoring his siblings, by ignoring interests of beneficiary and his branch of the family, and by letting trust operate "on autopilot."
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| State v. Wilson, I.D. No. 0004015063,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 6, 2001, Decided
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Overview: Defendant had privacy right in curtilage of house requiring police to obtain consent or search warrant before searching area for drugs.
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