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   State Courts - Delaware - August 29, 2008
  
Allison v. Middletown High Sch., No. 146, 2008, SUPREME COURT OF DELAWARE, August 29, 2008, Decided
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Brown v. Hudson, C.A. No. 04C-11-142 (JTV), SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Jury's decision to award no damages in personal injury case was not against the evidence because, inter alia, there were no objective findings of injury, medical experts based their opinions largely on plaintiff's subjective complaints, and evidence called into question plaintiff's credibility, including his failure to reveal prior injuries.

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Dove v. Demange, C.A. No. 07C-08-044 (JTV), C.A. No. 07C-02-022 (JTV), SUPERIOR COURT OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: Del. Super. Ct. R. Civ. P. 42(a) motion to consolidate two separate personal injury cases arising from a single traffic accident was granted because, inter alia, negligence and proximate cause had not been determined and parties' competition for same source of payment of judgment or settlement may have presented common questions of law or fact.

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Garrett v. State, 07A-04-004 (JTV), SUPERIOR COURT OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: Department of family services employee was not awarded compensation under Del. Code Ann. tit. 19, ? 2304 where he was injured in college parking lot when catching department-sponsored commuter van; college lot was not part of department's premises as there was no business relationship between college and department and employees chose pick-up spot.

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Hodges v. Hartford Underwriters Ins. Co., C.A. No. 07C-06-014 (JTV), SUPERIOR COURT OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: An insurer's material change packet, including an offer form, constituted a sufficient offer of UM/UIM coverage to satisfy Del. Code Ann. tit. 18, ? 3902(b), when a policy change occurred, i.e., a new car was added; the evidence established that the packet was mailed; and the insureds' denial of receipt did not overcome the presumption of mailing.

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Kimball v. Penn Mut. Ins. Co., C.A. No. 05C-06-052 (JTV), SUPERIOR COURT OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: A vehicle owner acted reasonably in allowing passenger to drive for purposes of coverage under Va. Code Ann. ? 38.2-2204 because, after the trip began, the owner experienced an unforeseen incapacity which impaired his ability to see and drive safely, which condition was sufficient to require a substitution of drivers.

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Lopez-Vazquez v. State, No. 547, 2007, SUPREME COURT OF DELAWARE, August 29, 2008, Decided
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Overview: Denial of motion to suppress was error, as consent to search was given during illegal seizure and there were no intervening circumstances that would have provided independent probable cause or otherwise operated to dissipate primary taint; thus, evidence obtained following invalid Terry stop should have been suppressed as fruit of poisonous tree.

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McPadden v. Sidhu, Civil Action No. 3310-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, August 29, 2008, Decided
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Overview: Trial court dismissed shareholder's claim against directors alleging they acted in bad faith by allowing sale of subsidiary for an alleged fraction of its fair market value; Del. Code Ann. tit. 8, ? 102(b)(7) exculpatory provision protected directors and shareholder did not avoid that protection by properly alleging directors acted in bad faith.

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Perry v. Phelps, No. 289, 2008, SUPREME COURT OF DELAWARE, August 29, 2008, Decided
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Ryan v. Lyondell Chem. Co., C.A. No. 3176-VCN, COURT OF CHANCERY OF DELAWARE, KENT, August 29, 2008, Decided
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Overview: Trial court denied directors' motion for certification of an interlocutory appeal of the denial of directors and purchaser's summary judgment motion; whether chemical company's Del. Code Ann. tit. 8, ? 102(b)(7) exculpatory charter provision protected directors regarding chemical company sale to purchaser depended on further development of record.

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