OPINION On Anguilla and Third-Party Defendant David B. Small's Motion for Summary Judgment MARY M. JOHNSTON, J. INTRODUCTION This complex litigation arises from a contractual dispute between Plaintiff Anguilla RE, LLC ("Anguilla") and the Lubert Adler Real Estate Fund IV, L.P., Lubert Adler Capital Real Estate Fund IV, L.P., and Lubert Adler Real Estate Parallel Fund IV, L.P. (collectively referred to as the "Lubert Adler Defendants" or "Guarantors"). Anguilla filed suit against the...
MEMORANDUM OPINION JOHNSTON, J. INTRODUCTION Before the Court are two Motions to Dismiss, one filed by Plaintiff Anguilla RE, LLC ("Anguilla") to dismiss the Amended Counterclaims, and the other filed by Third-Party Defendant David B. Small ("Small") to dismiss the Third-Party Complaint. Both Anguilla and Small move to dismiss on the ground that the Defendants, Lubert-Adler Real Estate Fund IV, L.P., Lubert-Adler Capital Real Estate Fund IV, L.P., and Lubert-Adler Real Estate Parallel Fund...
ORDER JOHNSTON, J. 1. By Opinion dated July 26, 2012, the Court granted Defendant Gannett Company, Inc.'s Motion for Summary Judgment. The Court found that a genuine issue of material fact exists as to whether the inherently dangerous work exception to the independent contractor defense is applicable. Specifically, the Court found that a question of fact arises as to whether selling newspapers as a street hawker presents a special danger or peculiar risk, such that special precautions are...
JOHN A. PARKINS, JR., JUDGE. Dear Counsel: The court heard oral argument on the motions for summary judgment in the above captioned case on March 21, 2012. The court took the matter under advisement and this is the court's ruling. For the reasons explained below, summary judgment is DENIED as to Emory Hill Real Estate Services, Inc ("Emory Hill"), Stoney Batter Medical Pavilion ("Stoney Batter"), and Wilcox Landscaping Inc. ("Wilcox") and GRANTED as to Steve Pariag t/a Backyard Paradise...
MEMORANDUM OPINION JOHNSTON, J. Plaintiff Richard E. Devincentis ("Devencentis") filed this action against Defendant European Performance Inc. ("European Performance"), alleging breach of contract and breach of bailment contract. Devincentis claims that as a result of European Performance's breach, his 2003 Ferrari 360 Spider Roadster (the "Vehicle") sustained substantial damage. Devincentis seeks damages for diminution in value of the Vehicle, loss of use of the Vehicle, and other...
I. INTRODUCTION JAN R. JURDEN, Judge. Kay Heddinger, on behalf of her deceased husband, Harold Heddinger, and as his surviving spouse ("Plaintiff"), brings this wrongful death suit against The Sherwin-Williams Company ("Sherwin-Williams"). Plaintiff alleges that Mr. Heddinger's exposure to Sherwin-Williams' paint and paint-related products (hereinafter "paint products") in his occupational and non-occupational capacities caused his Acute Myelogenous Lukemia ("AML"), a type of cancer, which...
ORDER CALVIN L. SCOTT, JR., J. Introduction Before this Court is an appeal from the Merit Employee Relations Board ("MERB") decision finding Appellant's, The Justice of the Peace Courts of the State of Delaware ("JP Court 20"), dismissal of Michele Carty ("Carty") a disproportionate penalty in light of her prior good service to the court. The decision was unreasonable, in light of the events that occurred on April 30, 2010, and not supported by substantial evidence. The decision of the...
JAN R. JURDEN, Judge. I. INTRODUCTION Kay Heddinger, on behalf of her deceased husband, Harold Heddinger, and as his surviving spouse ("Plaintiff"), brings this wrongful death suit against The Sherwin-Williams Company ("Sherwin-Williams"). Plaintiff alleges that Mr. Heddinger's exposure to Sherwin-Williams' paint and paint-related products (hereinafter "paint products") in his occupational and non-occupational capacities caused his Acute Myelogenous Lukemia ("AML"), a type of cancer, which...