Opinions Digested in Delaware Law Weekly for the Issue of
TORTS Negligence l Motor Vehicle Accident l Causation l Plaintiff’s Conduct Sims v. Stanley DeFAX Case No. D63204 (Del. Supr. April 1, 2008).
The trial court properly found that plaintiff’s actions in driving a car that she knew to be unsafe was so flagrant in nature that it served to break the causal connection between defendant’s tortious conduct in damaging plaintiff’s car and plaintiff’s injury in an accident several days later. Affirmed in part, reversed in part and remanded.
BUSINESS LAW Corporate Governance l High-vote Stock l Majority Voting Power l Proxy In re IAC / InterActive Corp DeFAX Case No. D63202 (Del. Ch. March 28, 2008).
In this dispute over the proposed single-tier spin-off of four subsidiaries, the corporation holding high-vote stock with majority voting power failed to demonstrate that the holder of an irrevocable proxy had breached his contractual duties, that the corporation was entitled to a declaration in its favor in its Section 225 action, and that the governing documents accorded the corporation a right of consent with regard to the proposed transaction. Judgments entered.
CIVIL PRACTICE Trial Administration l Stay l Derivative Litigation l Special Litigation Committee In re infoUSA, Inc. Shareholders Litig. DeFAX Case No. D63201 (Del. Ch. March 17, 2008).
The special litigation committee formed to investigate the instant derivative litigation was entitled to a stay where the company’s board gave the committee adequate authority and power to conduct its investigation and to determine what course of action was best for the shareholders’ interests. Motion for stay granted.
LEGAL PROFESSION Legal Services l Office of Public Defender l Withdrawal from Representation l Egregious Conduct State v. Carnevale DeFAX Case No. D63199 (Del. Com. Pl. April 2, 2008).
The Office of Public Defender was entitled to withdraw from representing defendant where defendant had forfeited her entitlement to public defender representation through her egregious conduct. Motion to withdraw granted.
WORKERS’ COMPENSATION Causation l Tarsal Tunnel Syndrome l Medical Expert Testimony Newman v. Dale Construction DeFAX Case No. D63192 (IAB Jan. 23, 2008).
Accepting the testimony of claimant’s medical expert as more persuasive, the Industrial Accident Board found that claimant’s tarsal tunnel syndrome was causally related to his carpentry work for employer. Petition to determine compensation due granted; petition to determine disfigurement granted.
WORKERS’ COMPENSATION Causation l Radiating Leg Symptoms l Back Injury l Pre-existing Knee Problems Mitchell v. Allied Steel Products, Inc. DeFAX Case No. D63203 (IAB Jan. 31, 2008).
Claimant failed to meet his burden of proof on causation where the medical evidence indicated that his radiating leg symptoms were the result of a long-standing knee problem rather than a back problem resulting from a work-related slip-and-fall accident. Petitions to determine compensation due decided.
WORKERS’ COMPENSATION Causation l Thoracic Spine Complaints l Carpal Tunnel Syndrome l Expert Opinion Falconi v. Transworld Port & Distribution Services DeFAX Case No. D63196 (IAB Jan. 31, 2008).
Accepting the opinion of employer’s medical expert, the Industrial Accident Board held that claimant failed to establish that his current thoracic spine and carpal tunnel syndrome complaints were causally related to his prior workplace accident. Petitions decided.
WORKERS’ COMPENSATION Impairment l Permanent Impairment l Cervical Spine l Medical Expert Testimony Cavall v. Newark Day Nursery Ass’n DeFAX Case No. D63200 (IAB Nov. 27, 2007).
Accepting the opinion of claimant’s medical expert as to the degree of permanent impairment of claimant’s cervical spine, the Industrial Accident Board found his rating of 28 percent to be appropriate. Petition to determine additional compensation due granted.
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