• Barnes v. Hooper

    Publication Date: 2024-01-29
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Ross C. Karsnitz, Matthew R. Fogg, Keith Donovan, Morris James, LLP, Georgetown, DE for plaintiffs.
    for defendant: Susan List Hauke, Tybout, Redfearn & Pell, Wilmington, DE; Paul S. Sunshine, Reger Rizzo & Darnall, LLP, Wilmington, DE for defendants.

    Case Number: S23C-04-007

    Property owner owed no duty or liability to motor vehicle accident victim struck by an intoxicated motorist off-premises after owner found the motorist sleeping in his parked vehicle on the property in an apparent state of intoxication and woke him.

  • Giffing v. Appoquinimink Sch. Dist.

    Publication Date: 2024-01-01
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Raeann Warner, Collins, Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: 23-457 (MN)

    Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.

  • Webb v. Bank of America

    Publication Date: 2023-10-23
    Practice Area: Personal Injury
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: David Q. Webb, pro se plaintiff.
    for defendant:

    Case Number: 22-670-GBW

    The court dismissed plaintiff's second amended complaint for failure to state a claim under the screening provision where he essentially asserted identical allegations as in the amended complaint and had therefore failed to remedy the deficiencies outlined by the court.

  • Bajwa v. Millcreek Shopping Ctr. LLC

    Publication Date: 2023-08-28
    Practice Area: Personal Injury
    Industry: Construction | Real Estate | Retail
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: James P. Hall, Phillips, McLaughlin & Hall, P.A. Wilmington, DE, attorney for plaintiff.
    for defendant: Marissa D. White, Law Offices of Wade A. Adams, III, Newark, DE; Daniel P. Daly, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.

    Case Number: N21C-08-110 PRW

    Court denied summary judgment to shopping center owner in premises liability action where there were genuine issues of material fact regarding whether agreement with maintenance company constituted owner relinquishing possession and actual control of the premises.

  • Suter v. Taylor

    Publication Date: 2023-05-02
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for plaintiffs.
    for defendant: Sarah A. Fruehauf, Deputy Attorney General, Wilmington, DE for defendant.

    Case Number: N22C-06-092 CEB

    State was not required to prove reasonable efforts by Insurance Coverage Determination Committee before moving to dismiss trip and fall case on grounds of sovereign immunity.

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  • Isaac v. Cable News Network, Inc.

    Publication Date: 2023-04-18
    Practice Area: Personal Injury
    Industry: Federal Government | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE; Brian E. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
    for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren P. Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Burney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansku, Winston & Strawn LLP, New York, NY for defendants.

    Case Number: 23-247 (MN)

    Court substituted the federal government for a defendant member of Congress when the underlying events occurred within the scope of the congressman's duties, which required dismissal of the claims for plaintiff's failure to exhaust his administrative remedies under the Federal Tort Claims Act.

  • Farley v. Bonefish Grill, LLC

    Publication Date: 2023-03-07
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Sean Gambogi, Kimmel, Carter, Roam, Peltz & O’Neill, P.A., Wilmington, DE for plaintiff.
    for defendant: Kevin Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendant.

    Case Number: N17C-12-265 DJB

    Motion for new trial based on spoliated video footage denied where the footage would not have captured evidence relevant to plaintiff's slip and fall claim.

  • Brown v. Arnold

    Publication Date: 2023-01-17
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: William D. Fletcher, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff;
    for defendant: Miranda D. Clifton, Heckler & Frabizzio, P.A., Wilmington, DE for defendant.

    Case Number: K19C-09-035 JJC

    The court granted plaintiff's motion for a new trial in a personal injury matter on the grounds that the jury had found that plaintiff had at least suffered some harm but nevertheless awarded a zero-dollar verdict.

  • Wu v. Delaware Tech. Cmty. Coll.

    Publication Date: 2022-11-01
    Practice Area: Personal Injury
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: N21C-07-045 EMD

    College was not liable under theories of negligence or fraud for phishing scheme that was enacted through hacking the college's email system, where student who fell victim to the scheme failed to identify any legal duty owed by the college or any fraudulent act committed by college officials.

  • German v. Skinner

    Publication Date: 2022-09-13
    Practice Area: Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Periann Doko, Kent & McBride, P.C., Wilmington, DE for plaintiffs.
    for defendant: Susan List Hauske, Tybout, Redfearn & Pell, Wilmington, De for defendants.

    Case Number: N21C-09-118 WCC

    Court granted defendants' motion to dismiss claim arising out of a personal injury suit where plaintiffs attempted to file a consortium claim although they had previously signed a release and indemnity agreement in exchange for $5,000.