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  • Trott v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
    for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
    Case Number: N20C-09-182 SPL

    Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.

  • Jones v. Navient

    Publication Date: 2023-10-09
    Practice Area: Whistleblower Laws
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Keith R. Jones, plaintiff pro se.
    for defendant: John M. Nolan III, Morgan D. Hollander, Jackson Lewis, P.C., Philadelphia, PA; Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE for defendant.
    Case Number: N21C-10-020 SPL

    Finding that plaintiff's minimal participation in pursuing the case "evidenced a pattern of dilatoriness" culminating in his failure to produce evidence in support of his claim, the court granted defendant's motion to dismiss for failure to prosecute despite noting that the court had a "strong policy in favor of deciding cases on the merits."