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  • ACW Corp. v. Maxwell

    Publication Date: 2019-07-24
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff
    for defendant: Colin M. Shalk, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE for defendants.
    Case Number: D68638

    Workers' compensation provider not entitled to subrogation and reimbursement from third-party tortfeasor for speculative future damages provided in a commutation between workers' compensation provider and injured worker.

  • Rivera v. Roma

    Publication Date: 2019-06-05
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE for plaintiffs
    for defendant: Daniel M. Young, Ward Greenberg Heller & Reidy LLP, Wilmington, DE for defendant
    Case Number: D68587

    Genuine issues of material fact precluded summary judgment in this motor vehicle accident matter. Questions regarding com-parative negligence, assumption of risk and the reasonableness of the parties' conduct were all matters for the jury.

  • Pavik v. George & Lynch, Inc.

    Publication Date: 2018-04-04
    Practice Area: Contracts | Motor Vehicle Torts
    Industry: Construction
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Chase T. Brockstedt, Stephen A. Spence, Vincent A. Bifferato, Jr. and Roger D. Landon for plaintiffs
    for defendant: Louis J. Rizzo, Jr. for defendants.
    Case Number: D68099

    Whether a contractor was negligent in failing to post temporary warning signs at a road construction site was a question for the finder of fact, and summary judgment was not proper.

  • Cody v. Hardy

    Publication Date: 2017-12-06
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill, Christiana, DE, attorney for plaintiff
    for defendant: Michael Busenkell, Geller Scali Busenkell & Brown, LLC, Wilmington, DE; Donald M. Ransom and Michael J. Hendee, Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, DE, attorneys for defendant.
    Case Number: D67959

    Court declined to grant summary judgment to employer pleaded into motor vehicle tort action under theory of respondeat superior where there was genuine dispute of material fact as to whether employees trip to grocery store during out-of-state work trip was part of course and scope of employment.