Opinions Digested in Delaware Law Weekly for the Issue of
EVIDENCE Expert Witnesses l Fed.R.Civ.P. 26(a)(2) l Disclosures l Compliance RLI Ins. Co. v. Indian River School Dist. DeFAX Case No. D63096 (D.Del. Dec. 4, 2007).
Plaintiff’s expert report did not comply with the requirements of Fed.R.Civ.P. 26(a)(2), because it lacked certain information, such as a depiction of the expert’s qualifications and the data or other information the expert considered in forming his opinion. Opinion on motion in limine issued.
JUVENILE LAW Delinquency l Adjudication l Statement l Attempted Murder First Degree Rambo v. State DeFAX Case No. D63100 (Del. Supr. Dec. 13, 2007).
The juvenile was entitled to reversal of her convictions because it was unclear whether she had knowingly and voluntarily waived her Miranda rights before making a statement to police and because the trial court erred in finding her guilty of attempted murder first degree after incorrectly applying the elements of felony murder. Reversed and remanded for new delinquency hearing.
WORKERS’ COMPENSATION Statute of Limitations l 19 Del. C. § 2361(b) l Last Payment l ‘Made’ Levan v. Independence Mall, DeFAX Case No. D63097 (Del. Supr. Dec. 5, 2007).
Interpreting the statute of limitations set forth at 19 Del. C. § 2361(b), the Supreme Court held that a payment is “made” when a check is mailed to the claimant or a medical provider, conditioned upon the check being negotiable and ultimately received. Affirmed.
REAL PROPERTY Covenants l Subdivision l Home Business Restriction l Violation Jackson’s Ridge Homeowners Ass’n v. May DeFAX Case No. D63085 (Del. Ch. Nov. 20, 2007).
Respondent acted unreasonably in moving forward with her home business plan, which was in violation of a restrictive covenant, without concrete authorization from the homeowners association allowing her to proceed. Injunctive relief granted.
CIVIL PRACTICE Attorney Fees l Award l Section 1983 Suit l Success Wilmington Hospitality, LLC v. New Castle Cty. DeFAX Case No. D63099 (Del. Super. Dec. 28, 2007).
Where plaintiff was the successful litigant in this Section 1983 suit and received an award of $7.5 million on its claim of equal protection, plaintiff was entitled to recover fully for attorney fees, with the exception of fees incurred for work attributable to a Court of Chancery action that plaintiff elected not to pursue. Motion for interest, fees and costs granted.
CIVIL PRACTICE Verdicts l JMOL l Equal Protection Claim l Similarly Situated Entities Wilmington Hospitality, LLC v. New Castle Cty. DeFAX Case No. D63098 (Del. Super. Dec. 28, 2007).
Defendant was not entitled to judgment as a matter of law on plaintiff’s equal protection claim because plaintiff had presented competent evidence of similarly situated entities that were treated differently. Motions denied.
WORKERS’ COMPENATION Carrier Liability l Successor Carrier l Left Elbow Injury l Causation Willis v. Delaware Transit Corp. DeFAX Case No. D63094 (IAB Aug. 29, 2007).
Where the evidence indicated that claimant injured his left elbow as a result of overcompensating for his right elbow, injured in a previous compensable work accident, the carrier that covered employer at the time of the previous work accident was liable for compensation due for the injured left elbow. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Causation l Shoulder Problem l Original Neck Injury l Relationship Reynolds v. State, DeFAX Case No. D63095 (IAB Aug. 31, 2007).
Claimant was entitled to surgery and medical expenses related to treatment for her left shoulder where the evidence indicated that her shoulder injury was causally related to a work accident in which she injured her neck. Petition to determine additional compensation due granted.
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