• Dufresne v. Camden-Wyoming Fire Co. Inc.

    Publication Date: 2020-05-20
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Gregory A. Morris, Ligouri & Morris for plaintiff.
    for defendant: Jonathan L. Parshall, Murphy & Landon for defendants.

    Case Number: D68983

    Volunteer fire company and its board members were immune from defamation liability under state law pursuant to tort claim act immunity, and under §1983 because the company and the board members did not qualify as state actors for §1983 liability since firefighting was not an exclusive state function and there was no entwinement between the company and the state.

  • Taylor v. George

    Publication Date: 2020-05-06
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hedrick, II, Bove & Hedrick, Wilmington, DE for plaintiff.
    for defendant: Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for the state. Martin O’Connor, Dep’t of Justice, Wilmington, DE for defendants George and Christina School Dist.

    Case Number: D68973

    The law did not permit transfer of a civil action to an administrative agency, and the equal protection clause did not require transfer. Motion to transfer denied, but motion to amend granted.

  • In re: Tribune Media Co.

    Publication Date: 2020-03-18
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68912

    Debtors' objection to defamation claims sustained where plaintiff failed to prove by preponderance of the evidence that allegedly defamatory newspaper article contained misstatements or omissions of material facts.

  • Doe v. Bicking

    Publication Date: 2020-02-05
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Retail
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiffs. Christian J. Singlewald, White and Williams LLP, Wilmington, DE for defendants Riley Cote and High Performance Hockey Skate & Skill.
    for defendant: Nancy Chrissinger Cobb, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant The Pro Shop at The Pond.

    Case Number: D68863

    Business could be vicariously liable for alleged sexual molestation by one of its owners who drew a salary and managed the business' operations.

  • Ford Motor Co. v. Knecht

    Publication Date: 2019-12-18
    Practice Area: Personal Injury
    Industry: Automotive | Chemicals and Materials | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Christian J. Singewald and Rochelle L. Gumapac, White and Williams, LLP, Wilmington, DE, Jessica L. Ellsworth, Hogan Lovells US LLP, Washington, DC for appellant.
    for defendant: Adam Balick and Patrick J. Smith, Balick & Balick, LLP; Bartholomew J. Dalton, Ipek K. Medford, Andrew C. Dalton, and Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellee.

    Case Number: D68807

    Trial court erred in denying new trial/remittitur motion on excessive verdict motions when it focused on defendant's share of damages rather than the entire compensatory damages verdict.

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  • Hamilton v. MPB Corp.

    Publication Date: 2019-11-13
    Practice Area: Personal Injury
    Industry: Manufacturing | Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Jason D. Warren, Shelsby & Leoni, P.A., Wilmington, DE; Keith L. Maynard, Spohrer & Dodd, P.L., Jacksonville, FL for plain-tiffs.
    for defendant: Christian J. Singewald and Christopher S. Marques, White and Williams LLP, Wilmington, DE for defendant.

    Case Number: D68770

    Plaintiffs exercised due diligence in discovering the identity of a defendant, so the amended complaint related back to the time of original filing.

  • Stephenson v. Big Oaks Trailer Park, Inc.

    Publication Date: 2019-09-25
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Michael I. Silverman and Adrienne M. McDonald, Wilmington, DE for defendants.

    Case Number: D68715

    Although plaintiffs failed to comply with the court's scheduling order when they failed to provide expert witness reports within the time allowed, the court concluded that defendant was not prejudiced.

  • Greenfield v. Miles

    Publication Date: 2019-06-12
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Andrew C. Dalton and Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE for appellant
    for defendant: Joseph C. Handlon and Wilson B. Davis, Delaware Department of Justice, Wilmington, DE for appellees.

    Case Number: D68592

    Negligence claim against family caseworkers dismissed pursuant to DSTCA immunity where plaintiff's allegations concerned caseworkers' official acts requiring exercise of discretion or professional judgment and plaintiff failed to allege either bad faith or gross negligence.

  • Verbitski v. Diamond State Port Corp.

    Publication Date: 2019-04-24
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
    for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.

    Case Number: D68540

    A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.

  • Thompson v. Cape Henlopen Sch. Dist.

    Publication Date: 2019-04-10
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Thomas J. Roman and Emily P. Laursen, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Newark, DE for plaintiff.
    for defendant: Douglas T. Walsh, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendants.

    Case Number: D68525

    In this case involving an injury to a student, the teacher and school district were entitled to immunity where the acts at issue were discretionary and no gross negligence was involved.