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| Estate of Swan v. Balan, No. 658, 2007,
SUPREME COURT OF DELAWARE, September 9, 2008, Decided
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Overview: Verdict was not against the weight of the evidence where there was competent evidence from which a jury could have concluded that the doctor negligently removed too much tissue in the biopsy, that the doctor's negligence did not cause the healing problems, and that the patient needed to have the tram flap surgery due to prior radiation treatment.
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| George v. Unemployment Ins. Appeal Bd., C.A. No. 08A-02-012 PLA,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 9, 2008, Decided
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Overview: Unemployment Insurance Appeal Board did not abuse its discretion when it declined to assume jurisdiction sua sponte under Del. Code Ann. tit. 19, ¿ 3320 to consider the claimant's arguments regarding her disqualification since the claimant's failure to timely appeal was not caused by administrative error and did not involve severe circumstances.
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| Grabowski v. Mangler, No. 65, 2007,
SUPREME COURT OF DELAWARE, September 9, 2008, Decided
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Overview: It was proper to grant co-employees summary judgment in an employee's action to recover for injuries he sustained from horseplay because the exclusionary provisions of the Delaware Workers' Compensation Act, Del. Code Ann. tit. 19, ¿ 2363, limited his remedy to compensation under the Act when the horseplay occurred in the course of employment.
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| Hall v. State, No. 285, 2007,
SUPREME COURT OF DELAWARE, September 9, 2008, Decided
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| Hennegan v. Cardiology Consultants, P.A., C.A. No.: 07C-02-015 RBY,
SUPERIOR COURT OF DELAWARE, KENT, September 9, 2008, Decided
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Overview: Trial court denied survivors' Del. Super. Ct. R. Civ. P. 59(e) motion for reargument after trial court granted summary judgment to health care providers in survivors' wrongful death action; release from liability when read as a whole was clear, and showed that not only individual survivors, but also the estate, released the health care providers.
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| Johnson v. State, No. 61, 2008,
SUPREME COURT OF DELAWARE, September 9, 2008, Decided
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Overview: Because defendant's second amended Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was time-barred, because his ineffective assistance of counsel allegations were without merit, and because his remaining claims were procedurally barred, the motion was properly denied under Rule 61(i)(1), (i)(3), (i)(4).
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| Wisher v. State, No. 7, 2008,
SUPREME COURT OF DELAWARE, September 9, 2008, Decided
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Overview: Appellant was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61 because appellate counsel was not ineffective for failing to raise a hearsay argument as appellant did not identify what alleged hearsay testimony should have been challenged in his prosecution for, inter alia, trafficking cocaine.
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