Opinions Digested in Delaware Law Weekly for the Issue of
BUSINESS LAW Shareholder Suit • Merger • Derivative/Direct Claim * Standing Feldman v. Cutaia, DeFAX Case No. D63270 (Del. Supr. May 30, 2008).
The Court of Chancery properly dismissed Count XIII of plaintiff’s third amended complaint because the nature of that claim, which challenged certain stock options, was derivative in nature and plaintiff lacked standing after a merger. Affirmed.
TORTS Negligence • Motor Vehicle Accident • Trespasser • Private Driveway • Premises Guest Statute Berns v. Doan DeFAX Case No. D63271 (Del. Supr. en banc June 10, 2008).
Delaware's premises guest statute barred the instant personal injury suit because plaintiff was a trespasser on defendant's driveway when the motor vehicle accident occurred. Affirmed.
BUSINESS LAW Corporate Governance • Custodian • 8 Del. C. § 226 • Alleged Injury Tanyous v. Banoub DeFAX Case No. D63274 (Del. Ch. May 22, 2008).
Plaintiff was not entitled to appointment of a custodian for the subject corporation because the injury he alleged was not the sort of injury for which appointment of a custodian was appropriate under 8 Del. C. §226. Application for appointment of custodian denied.
TRUSTS AND ESTATES Trusts • Action Against Trustee • Attorney Fees • Trustee’s Commissions I/M Estate of Howell DeFAX Case No. D63273 (Del. Ch. May 27, 2008).
Where petitioners prevailed on only two of their claims in an action against the trustee, they were entitled only to a modest award of attorney fees, and the trustee was entitled to the commissions he sought because they were reasonable. Motions for attorney fees and trustee’s commissions decided.
LANDLORD/TENANT LAW Leases • Unenforceable Clauses • Negligence Action • Collateral Source Rule Teklai v. Admirals Club Apartments DeFAX Case No. D63272 (Del. Super. June 6, 2008).
In this negligence action seeking to recover damages for plaintiff’s personal property lost in a fire, plaintiff was entitled to present evidence of damages because the lease provisions upon which defendant relied to exclude such evidence were unenforceable under Delaware law and because the collateral source rule permits damages to be proven even where a party has insurance. Motion in limine denied.
WORKERS’ COMPENSATION Causation • Sports Hernia • Total Disability • Medical Expenses Mains v. Louis Capano & Sons, Inc. DeFAX Case No. D63276 (IAB April 3, 2008).
Given the testimony of claimant and his co-worker and given the testimony of claimant’s medical expert, claimant met his burden of proving that his sports hernia was related to a work accident and that he was entitled to a period of total disability and payment of medical expenses. Petition to determine compensation due granted.
WORKERS’ COMPENSATION Causation • Ruptured Achilles Tendon • Medical Expert Testimony Banco v. A.I. DuPont Hospital DeFAX Case No. D63277 (IAB March 31, 2008).
Accepting the opinion of claimant’s medical expert, the Industrial Accident Board determined that claimant met his burden of proving that his ruptured Achilles tendon was a work-related injury. Petition to determine compensation due granted.
WORKERS’ COMPENSATION Termination of Benefits • Claimant’s Condition • Neck Pain • Severe Headaches Engle v. Quest Diagnostics, DeFAX Case No. D63269 (IAB April 2, 2008).
Employer was not entitled to termination of claimant’s total disability benefits because it failed to demonstrate that claimant, who suffered from neck pain and severe headaches, was physically capable of working in a job on a regular basis. Petition for termination of benefits denied.
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