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  • Mid-Sussex Rescue Squad v. Hearne

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
    for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
    Case Number: S23A-06-002 RHR

    Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.

  • Barnes v. Hooper

    Publication Date: 2024-01-29
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Ross C. Karsnitz, Matthew R. Fogg, Keith Donovan, Morris James, LLP, Georgetown, DE for plaintiffs.
    for defendant: Susan List Hauke, Tybout, Redfearn & Pell, Wilmington, DE; Paul S. Sunshine, Reger Rizzo & Darnall, LLP, Wilmington, DE for defendants.
    Case Number: S23C-04-007

    Property owner owed no duty or liability to motor vehicle accident victim struck by an intoxicated motorist off-premises after owner found the motorist sleeping in his parked vehicle on the property in an apparent state of intoxication and woke him.

  • Strobert Tree Serv., Inc. v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Victoria K. Petrone, Brian v. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Wilmington, DE for appellant.
    for defendant: Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee Unemployment Ins. Appeal Bd; George Shaw, appellee pro se.
    Case Number: S23A-05-001 RHR

    Unemployment Insurance Appeal Board correctly upheld referee's decision overturning denial of unemployment benefits claim where employer only presented hearsay evidence to prove that employee was terminated for willful or wanton misconduct and UIAB could not base a decision solely on hearsay.