• Setya v. Petitto

    Publication Date: 2020-05-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for plaintiff.
    for defendant: Matthew R. Hindley, Reger, Rizzo & Darnall, LLP, Wilmington, DE for defendant.

    Case Number: D68988

    The court denied motions to exclude reference to plaintiff's gross earnings and to prevent plaintiff's experts from testifying, but limited the scope of the experts' testimony.

  • Oshatola v. Stipe

    Publication Date: 2020-04-22
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
    for defendant: Jessica L. Tyler, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants Stipe and AmSpec LLC. Sean A. Dolan, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Wilmington, DE for defendant Progressive Direct Ins. Co.

    Case Number: D68953

    Plaintiffs' amended complaint was not timely-filed, so it did not relate back to date the original complaint was filed. The court granted a defendant's motion to dismiss due to the expiration of the statute of limitations.

  • DeSantis v. Gardiner

    Publication Date: 2020-01-29
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Kenneth M. Roseman, Kenneth Roseman, P.A., Wilmington, DE for plaintiff.
    for defendant: Nicholas E. Skiles, Swartz Campbell LLC, Wilmington, DE for defendant.

    Case Number: D68857

    Defendant was not entitled to a new trial because jury members could not testify as to matters intrinsic to their deliberations.

  • ACW Corp. v. Maxwell

    Publication Date: 2019-07-24
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: D68638

    Workers' compensation provider not entitled to subrogation and reimbursement from third-party tortfeasor for speculative future damages provided in a commutation between workers' compensation provider and injured worker.

  • Rivera v. Roma

    Publication Date: 2019-06-05
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiffs
    for defendant: Daniel M. Young, Ward Greenberg Heller & Reidy LLP, Wilmington, DE for defendant

    Case Number: D68587

    Genuine issues of material fact precluded summary judgment in this motor vehicle accident matter. Questions regarding com-parative negligence, assumption of risk and the reasonableness of the parties' conduct were all matters for the jury.

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  • Schmelz v. Martone

    Publication Date: 2019-05-15
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Robert T. Graney, Law Offices of Chrissinger & Baumberger, Wilmington, DE for third-party defendant Liberty Mutual.
    for defendant: Matthew E. O'Byrne, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendant Martone.

    Case Number: D68563

    Defendant did not have standing to pursue a counterclaim against plaintiff's insurer for indemnity or contribution in this personal injury matter, because she did not have a legally protected interest.

  • Ford v. Taylor

    Publication Date: 2018-11-28
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Stephen A. Hampton and Anthony V. Panicola, Grady and Hampton, LLC, Dover, DE for plaintiff
    for defendant: Theodore J. Segletes, III, Law Offices of Chrissinger & Baumberger, Wilmington, DE for defendant.

    Case Number: D68368

    Defendant's motion for summary judgment on plaintiffs' claim for punitive damages from a motor vehicle accident denied where circumstances leading to defendant's collision with plaintiffs' vehicle could allow a jury to find defendant acted with conscious indifference and willful disregard of plaintiffs' rights.

  • Sadler v. Johnson

    Publication Date: 2018-08-01
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Timothy A. Dillon for plaintiffs
    for defendant: Colin M. Shalk for defendant.

    Case Number: D68236

    Genuine issues of material fact regarding vicarious liability and negligence precluded an employer's motion for summary judgment in this vehicle accident case.

  • Elsey-Jones v. Gullion

    Publication Date: 2018-06-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68184

    NIED claim arising from fatal vehicle-pedestrian accident immediately following plaintiff's own motor vehicle accident failed where motorists owed no duty not to strike pedestrians in view of others and where plaintiff did not witness impact and had no personal relationship with pedestrian.

  • Pavik v. George & Lynch, Inc.

    Publication Date: 2018-04-04
    Practice Area: Contracts | Motor Vehicle Torts
    Industry: Construction
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Vincent A. Bifferato, Jr. and Roger D. Landon for plaintiffs
    for defendant: Louis J. Rizzo, Jr. for defendants.

    Case Number: D68099

    Whether a contractor was negligent in failing to post temporary warning signs at a road construction site was a question for the finder of fact, and summary judgment was not proper.