• 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.

  • Turulski v. Dep't of Veterans Affairs

    Publication Date: 2019-02-13
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: David C. Weiss and Jennifer Lynne Hall, U.S. Attorney's Office, Wilmington, DE for defendants.
    for defendant: N/A

    Case Number: D68461

    The court dismissed plaintiff's complaint under the Federal Tort Claims Act because he failed to show that he exhausted his administrative remedies prior to filing in court.

  • Patrone v. Commerce Assoc. LP

    Publication Date: 2018-11-14
    Practice Area: Discovery | Dispute Resolution | Personal Injury
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68355

    The court severed claims that were covered by an arbitration clause, but it denied a motion to dismiss on the remaining claims because discovery was necessary for the resolution of certain factual issues.

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  • Adeseye v. FedLoan Servicing

    Publication Date: 2018-07-18
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Adetayo Adeseye, Newark, DE, pro se plaintiff
    for defendant: Douglas D. Hermann, Pepper Hamilton LLP, Wilmington, DE; Blake A. Bennett and Heather M. Shumaker, Cooch and Taylor, Wilmington, DE; Karen M. Grivner, Clark Hill PLC, Wilmington, DE; Travis S. Hunter and Mark C. Zheng, Richards Layton & Finger, PA, Wilmington, DE, attorneys for defendants.

    Case Number: D68214

    FCRA claim for erroneous reporting of credit information failed because student loan servicer was not a "consumer reporting agency" under the FCRA.

  • Ramsey v. Georgia S. Univ. Advanced Dev. Ctr.

    Publication Date: 2018-07-11
    Practice Area: Personal Injury | Toxic Torts
    Industry: Education | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE, attorney for appellant
    for defendant: Eileen M. Ford and Megan T. Mantzavinos, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE; Robert S. Goldman and Lisa C. McLaughlin, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; Sarah P. Kelly, Nutter, McClennen & Fish, LLP, Boston, MA, attorneys for appellees.

    Case Number: D68208

    Asbestos manufacturers obligated to provide safe handling warnings and instructions to employers who purchased asbestos products, such that employers could pass those warnings and instructions onto their employees, and could have liability for failure to provide such warnings and instructions.

  • Bradley v. Powell

    Publication Date: 2018-06-06
    Practice Area: Personal Injury
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: Joseph W. Weik, Weik, Nitsche & Dougherty, Wilmington, DE, attorney for plaintiffs
    for defendant: Louis J. Rizzo, Jr., Reger Rizzo & Darnell, Wilmington, DE, attorney for defendant.

    Case Number: D68168

    Fireman's Rule did not preclude personal injury claim filed by police officer where jury could find defendant's conduct reckless or constituting an act independent for the reason defendant had called police, negating application of the rule to police officers.

  • Hurst v. Shalk

    Publication Date: 2018-05-30
    Practice Area: Civil Appeals | Civil Procedure | Personal Injury
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68159

    Driver's Privacy Protection Act claim correctly barred under claim and issue preclusion where previously dismissed by other courts on grounds that such claim failed where defendants obtained the driver's personal information directly from the driver.

  • Mondero v. Lewes Surgical & Med. Assoc, P.A.

    Publication Date: 2018-04-11
    Practice Area: Employment Litigation | Personal Injury
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Dean A. Campbell for plaintiffs
    for defendant: Gregory D. Stewart for defendants.

    Case Number: D68108

    A former employee was entitled to relief on her claim for breach of fiduciary duty because the employer did not allege an assignment of her incentive benefits, but her claim for interference with business relations was in-sufficient.