Opinions Digested in Delaware Law Weekly for the Issue of
EVIDENCE Expert Witnesses l Opinions l Brachial Plexus Injury l Daubert Standard Sturgis v. Bayside Health Ass’n Chartered DeFAX Case No. D63119 (Del. Supr. Dec. 26, 2007).
The trial court properly barred plaintiff’s expert from opining that in utero and excess traction were the only two possible causes of an infant’s brachial plexus injury in the absence of reliable verifiable scientific evidence supporting such an opinion. Affirmed.
BUSINESS LAW Bylaws and Charters l Advancement l Entitlement l Nominal Officer Sassano v. CIBC World Markets Corp. DeFAX Case No. D63118 (Del. Ch. Jan. 17, 2008).
Because plaintiff qualified as a nominal officer and exercised management supervisory functions, he was entitled to mandatory advancement of litigation costs pursuant to the company’s bylaws. Post-trial opinion issued.
BUSINESS LAW Corporate Governance l Shareholder Meeting l Scheduling of Date l Bankruptcy Fogel v. U.S. Energy Systems, Inc. DeFAX Case No. D63123 (Del. Ch. Jan. 15, 2008).
The corporation’s declaration of Chapter 11 bankruptcy did not affect the court’s ability to schedule a date for the holding of a shareholder meeting that it had previously determined must take place. Ruling issued.
EMPLOYMENT Employment Contracts l Breach l Liquidated Damages Provision l Reasonableness Christiana Medical Group, P.A. v. Ford DeFAX Case No. D63120 (Del. Super. Jan. 16, 2008).
Although plaintiff established that defendant had breached his employment contract, a trial was required to determine whether the liquidated damages amount specified therein was reasonable. Motion for summary judgment granted in part, denied in part.
EVIDENCE Expert Witnesses l Medical Expert l Daubert Motion l Carpal Tunnel Syndrome Kapetanakis v. Baker, DeFAX Case No. D63121 (Del. Super. Jan. 18, 2008).
Plaintiffs’ medical expert was not entitled to offer his causation opinion regarding plaintiff’s carpal tunnel syndrome because the expert did not offer sufficient facts or data to support his opinion, nor did he explain his principles and methods. Motion in limine granted in part.
WORKERS’ COMPENSATION Medical Expenses l Payment l Municipal Entity l Immunity l Turner Decision Hamm v. Mayor & Council of New Castle DeFAX Case No. D63124 (Del. Com. Pl. Jan. 30, 2008).
In this suit to recover medical expenses, the court entered judgment in plaintiff’s favor, despite defendant’s claim of immunity based on the Delaware Supreme Court’s recent decision in Turner v. City of Wilmington. Motions decided.
WORKERS’ COMPENSATION Causation l Neck and Back Injuries l Claimant’s Credibility l Medical Expert DelFarno v. Sussex Cty. EMS DeFAX Case No. D63122 (IAB Aug. 31, 2007).
Although claimant did not immediately report the work accident to his employer, he was entitled to benefits because both he and his treating physician gave credible testimony establishing that the work accident caused injuries to his neck and back. Petition to determine compensation due granted.
WORKERS’ COMPENSATION Employee Status l Falconi Decision l Restatement (Second) of Agency Factors Lannon v. Tucker Construction DeFAX Case No. D63117 (IAB Sept. 4, 2007).
After considering the factors set forth in the Restatement (Second) of Agency and endorsed by the Supreme Court in Falconi v. Coombs & Coombs, Inc., the Industrial Accident Board determined that claimant was an employee, rather than an independent contractor. Petition to determine compensation due granted.
|