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  • Parkway Gravel, Inc. v. C&M Constr. Co., LLC

    Publication Date: 2022-05-03
    Practice Area: Landlord Tenant Law
    Industry: Construction | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Jeffrey M. Weiner, Wilmington, DE for plaintiff.
    for defendant: Christofer C. Johnson, The Johnson Firm LLC, Wilmington, DE for defendant.
    Case Number: D69801

    The court found that plaintiff proved through verified evidence and admissions deemed admitted that defendant defaulted on its lease.

  • Thompson v. Fernbach, LLC

    Publication Date: 2022-05-03
    Practice Area: Employment Litigation
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Conner
    Attorneys: For plaintiff: James M. Thompson, Dagsboro, DE, pro se plaintiff.
    for defendant: Michele M. Subers, Patrick G. Rock, Heckler & Frabizzio, P.A. for defendants.
    Case Number: D69804

    The court found that plaintiff's complaint for retaliatory termination was barred by the statute of limitations.

  • Lugaro v. Guercio

    Publication Date: 2022-05-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Attorneys At Law, P.A., Dover, DE for plaintiff.
    for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69802

    Summary judgment in motor vehicle accident case denied where the evidence created genuine issues of material fact as to defendant's speed prior to the accident and the visibility of both parties to each other leading up to the collision, such that plaintiff could not yet be found indisputably more negligent than defendant.

  • Donofrio v. Peninsula Healthcare Servs., LLC

    Publication Date: 2022-04-26
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Benjamin A. Schwartz, Schwartz and Schwartz, Dover, DE for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White LLC, Wilmington DE for defendants.
    Case Number: D69796

    Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.

  • Abdullah v. Allstate Prop. & Cas. Ins. Co.

    Publication Date: 2022-04-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Tyler Sacchetta, Sacchetta & Baldino, Wilmington, DE for plaintiff.
    for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69795

    The court found that the prevailing party, when an underinsured motorist claim resulted in a plaintiff's verdict but at an amount less than the damages paid by the tortfeasor, was the defendant insurance company who issued the UIM policy.

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  • Richard v. Faw, Casson & Co., LLP

    Publication Date: 2022-04-19
    Practice Area: Personal Injury
    Industry: Accounting | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Scott E. Chambers, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiffs.
    for defendant: David L. Baumberger, Nancy Chrissinger Cobb, Chrissinger & Baumberger, Wilmington, DE; Kenneth M. Doss, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Stephen F. Dryden, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, New Castle, DE for defendants.
    Case Number: D69785

    Lessee, which contractually did not have responsibility for exterior maintenance of the property, still owed a duty to warn its business invitees of hazardous conditions on the property exterior.

  • MPM Holdings Inc. v. Federal Ins. Co.

    Publication Date: 2022-03-29
    Practice Area: Insurance Litigation
    Industry: Insurance | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: David J. Baldwin, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Bernard P. Bell, Tab R. Turano, Miller Friel PLLC, Washington, DC for plaintiff.
    for defendant: Gregory F. Fischer, Cozen O'Connor, Wilmington, DE; Angelo G. Savino, Rafael Rivera, Jr., Cozen O'Connor, New York, NY for defendants.
    Case Number: D69762

    The court held that the subject appraisal action was not a claim for a wrongful act such that the insurer was not obligated to provide coverage or reimburse defense costs.

  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2022-03-29
    Practice Area: Occupational Safety and Health
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, PA, Dover, DE for claimant below/appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for employer below/appellee.
    Case Number: D69761

    The court held that the Industrial Accident Board 1) improperly considered extrajudicial sources, 2) rejected unrebutted tes-timony of both experts and the claimant when it rejected claimant's claim that he contracted COVID-19 at his workplace, and 3) imposed a higher burden of proof on claimant than was appropriate.

  • State of Delaware Ins. Coverage Office v. DiSabatino Constr. Co.

    Publication Date: 2022-03-29
    Practice Area: Contracts
    Industry: Construction | Insurance | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Allison McCowan, Sarah Fruehauf, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE; Timothy Jay Houseal, Jennifer M. Kinkus, Young, Conaway, Stargatt & Taylor LLP, Wilmington, DE for plaintiffs.
    for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Michael J. Follet, Naulty, Scaricamazza & McDevitt, L.L.C., Wilmington, DE; Kenneth M. Doss, Casarino Christmas Shalk Ransom & Doss, P.A., Wilmington, DE, for defendants.
    Case Number: D69763

    Parties' manifested intent to be bound to contract form where use of the forms was contemplated by the project proposal and one party executed the contract forms at the explicit request of the other party.

  • Spine Care Delaware, LLC v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2022-03-22
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Jonathan L. Parshall, Lauren A. Cirrinicione, Murphy & Landon, P.A., Wilmington, DE for plaintiff.
    for defendant: Donald M. Ransom, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Gavin Reinke, Alston & Bird LLP, Atlanta, GA for defendant.
    Case Number: D69756

    Insurer lacked reasonable basis to impose multiple payment reductions for bills seeking compensation under PIP benefits where doing so meant provider was being compensated at a lower rate than its peers.