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  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2022-03-29
    Practice Area: Occupational Safety and Health
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, PA, Dover, DE for claimant below/appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for employer below/appellee.
    Case Number: D69761

    The court held that the Industrial Accident Board 1) improperly considered extrajudicial sources, 2) rejected unrebutted tes-timony of both experts and the claimant when it rejected claimant's claim that he contracted COVID-19 at his workplace, and 3) imposed a higher burden of proof on claimant than was appropriate.

  • Quaile v. TBC Corp.

    Publication Date: 2020-11-25
    Practice Area: Occupational Safety and Health
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Scerba, LLC, Wilmington, DE for claimant.
    for defendant: Paul V. Tatlow, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for employer.
    Case Number: D69204

    The Industrial Accident Board erred in requiring a claimant to prove an ongoing condition to recover per-manent impairment benefits, so the court reversed and remanded.

  • Reed v. BNSF Ry. Co.

    Publication Date: 2020-11-18
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: A. Dale Bowers, Law Office of A. Dale Bowers P.A., Wilmington, DE for plaintiff.
    for defendant: Maria R. Granuado Gesty, Burns White LLC, Wilmington, DE for defendant.
    Case Number: D69195

    Factual issues regarding the parties' intent with respect to the scope of a release agreement precluded summary judgment.

  • Gibbs v. 84 Lumber Co.

    Publication Date: 2020-10-21
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Ipek Kurul, Bartholomew J. Dalton, Andrew C. Dalton, Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Adam Balick, Michael Collins Smith, Patrick J. Smith, Balick & Balick, LLC, Wilmington, DE for plaintiffs.
    for defendant: Beth E. Valocch, Joseph S. Naylor, Swartz Campbell, LLC, Wilmington, DE for defendant.
    Case Number: D69161

    The court granted summary judgment in favor of the supplier of raw asbestos, because it did not have a duty to warn end users of the dangers of asbestos-containing products manufactured by other companies.

  • Pruitt v. Air & Liquid Sys. Corp.

    Publication Date: 2020-10-07
    Practice Area: Occupational Safety and Health
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ian Connor Bifferato, The Bifferato Firm, P.A., Wilmington, DE; Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Gibbs C. Henderson, Charles P. Stern, Waters & Kraus, LLP, Dallas, TX for plaintiff.
    for defendant: Matthew P. Donelson, Brian D. Ahern, Eckert, Seamans Cherin & Mellott, LLC, Wilmington, DE; Armand J. Della Porta, Jr., Anna Marina McCann, Jessica L. Tyler of Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69147

    Genuine issues of material fact existed regarding whether plaintiff's exposure to asbestos contained in products manufactured by defendants was a substantial factor in causing his subsequent injuries.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-09-30
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci, Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camille Riefers, Boyle Brasher, LLC, Memphis, TN for defendant.
    Case Number: D69141

    Where the court had dismissed the complaint based on the inadequacy of plaintiff's expert testimony, defendant was entitled to an award of costs as the prevailing party.

  • Weddle v. BP Amoco Chem., Co.

    Publication Date: 2020-09-09
    Practice Area: Occupational Safety and Health
    Industry: Chemicals and Materials | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Patrick C. Gallagher and David T. Crumplar, Jacobs & Crumplar, P.A., Wilmington, DE for claimant.
    for defendant: Paul A. Bradley and Antoinette D. Hubbard, Maron Marvel Bradley Anderson & Tardy LLC, Wilmington, DE for employer.
    Case Number: D69117

    Where claimant prevailed on an appeal in this workers' compensation matter, the court awarded attorney fees but adjusted the rates requested by claimant's counsel.

  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-05-27
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.
    Case Number: D68997

    The court granted a motion to exclude the testimony of plaintiff's causation expert.

  • Washington v. Delaware Transit Corp.

    Publication Date: 2020-03-18
    Practice Area: Occupational Safety and Health
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Michael I. Silverman and Adrienne McDonald, Silverman McDonald & Friedman, Wilmington, DE for claimant.
    for defendant: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for employer.
    Case Number: D68917

    The court erred in affirming a finding by the Industrial Accident Board that claimant was not permanently impaired based on the outcome of a temporary disability proceeding. Reversed and remanded, because claimant was entitled to the opportunity to present his evidence at a permanent impairment hearing.

  • Bank of America v. Brown

    Publication Date: 2019-10-23
    Practice Area: Occupational Safety and Health
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Paul V. Tatlow, Marshall, Dennehey, Warner, Coleman & Goggin for appellant.
    for defendant: Gary S. Nitsche and Katherine L. Hemming, Weik, Nitsche & Dougherty, LLL for appellee.
    Case Number: D68745

    The Industrial Accident Board failed to make findings that a worker's job duties were the substantial cause of her injuries.