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   State Courts - Delaware - August 14 - August 18, 2008

  
Cervantes v. Bridgestone / Firestone N. Am. Tire Co., LLC, C.A. No. 07C-06-249 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 14, 2008, Decided
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Overview: The law of Durango, Mexico, was not applied to a products liability case, based on a fatal injury there, because the place of injury was fortuitous and the United States had the most significant relationship with the case, as corporate defendants were domiciled there, an alleged defective tire was made there, and a recall notice was issued there.

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Cervantes v. Bridgestone / Firestone N. Am. Tire Co., LLC, C.A. No. 07C-06-249 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 14, 2008, Decided
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Church v. DCSE, No. 338, 2008, SUPREME COURT OF DELAWARE, August 14, 2008, Decided
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Kapetanakis v. Baker, C.A. No. 06C-03-233 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 14, 2008, Decided
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Overview: In a case arising from a car accident, considering Del. R. Evid. 702, plaintiff had shown that an expert was qualified to testify as to his findings, including his finding that plaintiff suffered from mild initial concussive symptoms. The weight to be given to the expert's opinion was for the jury to determine.

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State v. Cabrera, CRIMINAL ACTION NUMBERS IN-99-04-0314, IN-99-04-0315, IN-99-04-0316, IN-99-04-0317, IN-99-04-0318, IN-99-04-0319, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 14, 2008, Decided
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Overview: Defendant's motion for leave to take discovery on certain matters as part of his amended motion for post-conviction relief, Del. Super. Ct. R. Crim. P. 61, was denied. As to defendant's request concerning his girlfriend, this request was overbroad. One reason was that the court had held a hearing on the issues involving the girlfriend.

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Capitol Credit Servs. v. Justice of the Peace Court, C.A. No. 08A-02-003 WLW, SUPERIOR COURT OF DELAWARE, KENT, August 15, 2008, Decided
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Overview: Since a company had the opportunity to appeal a decision by a justice of the peace court, another basis of review was available; therefore, the superior court lacked jurisdiction to review the matter on certiorari under Del. Code Ann. tit. 10, ¿ 562.

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Hudson v. State, No. 429, 2007, SUPREME COURT OF DELAWARE, August 15, 2008, Decided
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Overview: Record supported a trial court's determination that a detective was qualified to testify as an expert witness at defendant's trial. During a voir dire conducted outside the jury's presence, the detective testified about his extensive training and experience in handling drug cases, and he conducted hundreds of drug investigations during his career.

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Kollock v. Mortg. Elec. Registration Sys., No. 152, 2008, SUPREME COURT OF DELAWARE, August 18, 2008, Decided
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