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Delaware Superior Court rules that New Jersey “verbal threshold” requirements do not preclude a Delaware insured from making a claim against her own uninsured motorist coverage for her “pain and suffering” damages.

In the case of Aneita Patterson v. State Farm Mutual Automobile Insurance Company, Delaware Superior Court Judge Joseph R. Slights, III, in an order dated October 29, 2008, denies summary judgment to defendant State Farm and re-affirms and adopts the prior 2004...

Delaware Supreme Court overturns Delaware Superior Court’s grant of summary judgment to defendants on Plaintiffs’ personal injury claim arising from a slip and fall in a Stanton Delaware supermarket.

On July 14, 2008, in the case of Hazel v. Delaware Supermarkets, Inc, Edy’s Grand Ice Cream and Dreyer’s Grand Ice Cream Holdings, Inc., the Delaware Supreme Court in a 3 to 2 decision overturned the Delaware Superior Courts grant of Defendants Motion for...

Delaware Superior Court dismisses Plaintiff’s claims against Shell Oil and Sunoco for claimant’s exposure to xylene, naphtha, mineral spirits and toulene resulting in Acute Myelogenous Leukemia while employed at Warner Graham Company

In two separate decisions issued on September 19, 2008 and October 1, 2008, Herring, et al. v. Ashland, Inc., et al. and Herring, et al. v. Ashland, Inc., et al., the Honorable Jan Jurden dismissed Plaintiff’s claims against Shell Oil and Sunoco for...

Delaware Supreme Court, in an en banc ruling, upholds jury award of $40,000.00 in wrongful death verdict for Plaintiff’s death in an intersection motor vehicle collision caused by negligence of Delaware State employee driving a van for the Delaware Hospital

On August 26, 2008, the Delaware State Supreme Court, sitting en banc, denied Plaintiffs’ appeal for a new trial in the case of Estate of Alberta Rae, et. al. v. Wade Murphy, et. al. In a jury trial below the jury awarded each of the decedent’s daughters...

Delaware Supreme Court holds that prejudgment interest pursuant to 6 Del. C. Section 2301(d) is mandated when the total amount of the verdict, against joint tortfeasors is greater than settlement offers extended individually to each tortfeasor.

On August 1, 2008 the Delaware Supreme Court issued a revised opinion of its July 1, 2008 decision in Christiana Care Health Services, Inc. and Mary Ann Connor, D.O., v. Linda Crist,et. al. In its opinion the Delaware Supreme Court upheld a $2 million dollar...