Delaware, July, 2004, State Case law

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State Courts - Delaware - July 21 - July 22, 2004

Durnan v. Butler, C.A. No. 01C-06-038 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, July 21, 2004, Decided
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Overview: Court allowed (1) investigating officer to testify on truck's skid marks and speed before colliding with car entering intersection, and (2) decedent's family's accident reconstruction expert's speed opinion based on officer's data.

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Toth v. Metro. Life Ins. Co., C.A. No. 03C-10-028 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, July 21, 2004, Decided
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Overview: Court dismissed wife's suit for death benefits against decedent's former state employer and its insurer; decedent did not exercise right to convert group term life policy to whole life policy within statutory time limits so coverage expired.

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S. St. Corporate Recovery Fund I, L.P. v. Salovaara, No. 56, 2004, No. 58, 2004 (Consolidated Cases), SUPREME COURT OF DELAWARE, July 22, 2004, Decided
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State v. Flonnory, I.D. 9707012190, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2004, Decided
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Overview: Although the evidence clearly proved that defendant's course of conduct resulted in the deaths of two people, the mitigating factors outweighed the aggravating factors; therefore, he was sentenced to life imprisonment.

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State v. Nelson, Def. I.D. No. 9811012658, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2004, Decided
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Overview: Trial court substitute judge did not abuse discretion by not providing transcript of witnesses' testimony, or reading it back to jury, after jury requested transcripts; issue was barred since not raised on direct appeal and no prejudice was shown.

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Windom v. Capital Trail Jr. Football League, Inc., C.A. No. 01C-10-196MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2004, Decided
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Overview: Insurance agents who attempted to obtain general liability insurance for a football league owed no legal duty to the league when a proposed insurance company declined coverage and failed to ensure the league received proper notice of such declination.

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Xperex Corp. v. Viasystems Techs. Corp., LLC, Civil Action No. 20582-NC, COURT OF CHANCERY OF DELAWARE, SUSSEX, July 22, 2004, Decided
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Overview: Unsecured creditor's breach of fiduciary duty claim withstood motion for summary judgment as there were insufficient facts for trial court to determine whether secured creditors, who were insiders of corporation, breached their fiduciary duties.

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