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  • Bovell v. Harrison

    Publication Date: 2023-07-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: David C. Malatesta, Jr., Shelsby & Leoni, Wilmington, DE for plaintiffs.
    for defendant: Steven F. Mones, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: N22C-04-205 CEB

    Res judicata barred motor vehicle accident claim when plaintiff chose to prosecute her property damage claim in the Justice of the Peace court, although her adult son's claims could proceed where he was not a named plaintiff in the JP court case and there was no evidence that he had consented to his mother's representation or was incapable of presenting his claims on his own or with counsel.

  • Garcia-Rivera v. Gottcschall

    Publication Date: 2022-12-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Benjamin Schwartz, Schwartz & Schwartz, Dover, DE for plaintiff.
    for defendant: Kenneth Doss, Casarino, Christman, Shalk, Ransom & Doss, Wilmington, DE for defendant.
    Case Number: N18C-09-142 SKR

    Additur appropriate where jury verdict on retrial indicated that it did not find liability or causation even though such issues had been resolved in a prior judgment as a matter of law, so that the jury's zero-verdict could be brought up to a minimum reasonable amount of damages.

  • Lugaro v. Guercio

    Publication Date: 2022-05-03
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James M. Stiller, Jr., Schwartz & Schwartz, Attorneys At Law, P.A., Dover, DE for plaintiff.
    for defendant: Arthur D. Kuhl, Reger Rizzo & Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69802

    Summary judgment in motor vehicle accident case denied where the evidence created genuine issues of material fact as to defendant's speed prior to the accident and the visibility of both parties to each other leading up to the collision, such that plaintiff could not yet be found indisputably more negligent than defendant.

  • Torres v. Bishop

    Publication Date: 2022-01-11
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Robert Taylor, Barros Macnamara Malkiewicz and Taylor, Dover, DE for plaintiffs
    for defendant: Arthur Kuhl, Reger Rizzo and Darnall LLP, Wilmington, DE for defendant.
    Case Number: D69675

    Evidence supported finding of proximate negligence for motor vehicle accident where driver was distracted by a pet in the vehicle and focused on the opposite side of the vehicle from where the driver's vehicle impacted with another car.

  • Naughton v. GEM Ambulance, LLC

    Publication Date: 2021-05-12
    Practice Area: Motor Vehicle Torts
    Industry: Insurance | Transportation
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Michael P. Minuti, McCann & Wall LLC, Wilmington, DE for plaintiff.
    for defendant: Roger D. Landon, Murphy & Landon, Wilmington, DE; Kenneth M. Doss, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D69394

    The court granted summary judgment in favor of an ambulance company and an insurer because plaintiff failed to demonstrate any genuine issue of material fact regarding his negligence claims.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Baker v. Gonzalez

    Publication Date: 2020-12-30
    Practice Area: Motor Vehicle Torts
    Industry: Construction | Transportation
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Heather Long, Kimmel Carter Roman, Peltz & O’Neill, PA, Newark, DE; David L. Kwass, Benjamin Baer, Saltz Mongeluzzi & Bendesky P.C., Philadelphia, PA for plaintiff.
    for defendant: Patrick Rock, Michael Mitchell, Heckler & Frabizzio, Wilmington, DE; Craig Gunderson, pro se defendant, Escondido, CA; James J. Horning, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE; Jeffrey A. Young, Young & McNelis, Dover, DE; Paul Bradley, Donald R. Kinsley, Shari L. Milewski, Maron Marvel Bradley Anderson & Tardy, LLC, Wilmington, DE; Susan List Hauske, Tybout Redfearn & Pell, Wilmington, DE for defendants.
    Case Number: D69238

    Court applied Maryland statute requiring inspection of driver's licenses by lessor of rented vehicle, where lessor and lessee contemplated that the rented vehicle would be driven in Maryland, giving that state the greater interest in the alleged negligent conduct.

  • Vleugels v. Samuels

    Publication Date: 2020-12-23
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Emily P. Laursen, Kimmel Carter Roman Peltz & O’Neill, P.A., Newark, DE for plaintiff.
    for defendant: Susan L. Hauske, Tybout Redfearn & Pell, Wilmington, DE for defendant.
    Case Number: D69236

    Counsel for defendant opted to participate in litigation knowing that service had not yet been effectuated, so this waived any issues regarding defective service.

  • Manuel v. Wescott

    Publication Date: 2020-08-19
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Karl Manuel, plaintiff pro se
    for defendant: Jennifer A. Sutton, Swartz Campbell LLC for defendant.
    Case Number: D69088

    Plaintiff's failure to produce expert opinion on causation required summary judgment dismissal of his negligence claim.

  • Hart v. Parker

    Publication Date: 2020-08-05
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Melissa L. Rhoads, Esquire, Tighe & Cottrell, P.A., Wilmington, DE for appellants.
    for defendant: Scott L. Silar, Esquire, Reger Rizzo & Darnell LLP, Wilmington, DE for appellees.
    Case Number: D69056

    Plaintiffs could bring claim against an estate outside the eight-month limitations period where judgment on such claims would be paid by a decedent's insurance carrier.

  • Hart v. Parker

    Publication Date: 2020-07-22
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice Montgomery-Reeves
    Attorneys: For plaintiff: Melissa L. Rhoads, Esquire, Tighe & Cottrell, P.A., Wilmington, DE for appellants.
    for defendant: Scott L. Silar, Esquire, Reger Rizzo & Darnell LLP, Wilmington, DE for appellees.
    Case Number: D69056

    Plaintiffs could bring claim against an estate outside the eight-month limitations period where judgment on such claims would be paid by a decedent's insurance carrier.