Opinions Digested in Delaware Law Weekly for the Issue of
CIVIL PRACTICE Habeas Corpus l First-Degree Murder l Jury Charge l Lesser-Included Offenses Capano v. Carroll DeFAX Case No. D63216 (D.Del. April 15, 2008).
Defendant was properly denied a jury charge on lesser-included offenses to the charged crime of first-degree murder because there was no rational basis in the evidence to support defendant’s desired instructions. Petition for writ of habeas corpus denied.
CIVIL PRACTICE Discovery l Protective Order l Legislative Immunity In re Kent Cty. Adequate Public Facilities Ordinances Litig. DeFAX Case No. D63215 (Del. Ch. March 19, 2008).
The Court of Chancery declined to issue a protective order absolutely precluding discovery from respondent-officials on the basis of legislative immunity because respondents had not satisfied the procedural prong of the test used to establish such a defense. Opinion issued.
HEALTH LAW Physicians l Privileges l Dispute l Uniform Deceptive Trade Practices Act l Pleading Irgau v. Christiana Care Health Services DeFAX Case No. D63212 (Del. Super. April 9, 2008).
In this dispute over plaintiffs’ bariatric surgery privileges, plaintiffs failed to state a cognizable claim for violation of the Uniform Deceptive Trade Practices Act. Motion to dismiss granted in part, denied in part.
MOTOR VEHICLES Automobile Insurance l PIP Payments l Out-of-State Driver l Extraterritorial Coverage Orija v. Verser DeFAX Case No. D63214 (Del. Super. April 1, 2008).
The Superior Court refused to issue the declaration requested by defendant, a Virginia driver, that plaintiff’s insurer was obligated to pay plaintiff, a North Carolina driver with an extraterritoriality provision in his policy, PIP-equivalent payments for injuries suffered in a motor vehicle accident in Delaware. Motions decided.
TORTS Premises Liability l Negligence l Standard of Care l Expert Testimony Gallo v. Buccini/Pollin Group DeFAX Case No. D63213 (Del. Super. March 28, 2008).
Defendant was not entitled to judgment as a matter of law or a new trial because expert testimony was not necessary to establish the standard of care in this uncomplicated premises liability case. Motions for judgment as a matter of law or for new trial denied.
WORKERS’ COMPENSATION Causation l Spinal Fusion Surgery l Separate Work Accidents l Two Employers Laureigh v. Bayhealth Medical Center DeFAX Case No. D63220 (IAB March 31, 2008).
The Industrial Accident Board acknowledged that the spinal fusion surgery performed on claimant was causally related to claimant’s 2001 and/or 2004 work accidents and found that claimant’s accident while working for the second employer was more contributory to claimant’s need for fusion surgery than the accident that occurred while claimant was working for the first employer. Petition to determine additional compensation due granted.
WORKERS’ COMPENSATION Disability l Recurrence l RSD Hayes v. Freedom Rings DeFAX Case No. D63217 (IAB March 27, 2008).
Given the more thorough and comprehensive analysis offered by employer’s medical expert, the Industrial Accident Board rejected claimant’s argument that he had experienced a recurrence of total disability due to the development of reflex sympathetic dystrophy related to the work accident. Petition to determine additional compensation due denied.
WORKERS’ COMPENSATION Medical Expenses l Relationship to Work Injury l Expert Testimony Trimble v. Davmar International, Inc. DeFAX Case No. D63219 (IAB March 28, 2008).
Finding the opinion of claimant’s treating chiropractor more persuasive than that offered by employer’s expert, the Industrial Accident Board found that claimant’s treatment for pain in his neck, right arm and lumbar spine was causally related to the work accident that injured his elbow. Petition to determine additional compensation due granted.
|