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  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-09-30
    Practice Area: Personal Injury
    Industry: Food and Beverage | Travel and Tourism
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69135

    Although lessee generally owed no liability for slip and fall accident where lessor retained duty to maintain and repair walkways, where plaintiff's alleged accident occurred outside leased premises lessee could owe duty to warn invitees of dangers on adjacent property necessary for ingress/egress that are known to the leseee.

  • Dominica v. The Greenery at Rodney Square, Inc.

    Publication Date: 2020-07-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Timothy A. Dillon, McCann & Wall, LLC, Wilmington, DE for plaintiff.
    for defendant: Colin M. Shalk, Casarino, Christman, Shalk, Ransom & Doss, P.A., Wilmington, DE; Mary A. Jacobson, New Castle County Government Center, New Castle, DE for defendants.
    Case Number: D69039

    County was entitled to immunity from slip-and-fall accident, pursuant to County and Municipal Tort Claims Act, where accident took place at a historic site used primarily for public outdoor recreation.

  • Ricketts v. Myers

    Publication Date: 2020-07-01
    Practice Area: Personal Injury
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Edward C. Gill of Law Office, Edward C. Gill, P.A., Georgetown, DE for plaintiff.
    for defendant: Shae Chasanov, Swartz Campbell LLC, Wilmington, DE for defendant.
    Case Number: D69035

    The objective evidence indicated that the parties entered into a binding settlement regarding injuries sustained by plaintiff in a motor vehicle accident.

  • 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.

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  • 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.

  • 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.