OPINION JAN R. JURDEN, Judge. I. INTRODUCTION Appellant, Capital One Bank (U.S.), N.A. ("Capital One"), appeals the decision of the Court of Common Pleas (the "trial court") vacating summary judgment in favor of Capital One, entering judgment in favor of the Appellee, Joan F. Robinson ("Robinson"), and sanctioning counsel for Capital One. For the reasons set forth below, the Court finds that the trial court's factual findings are not supported by the record. Accordingly, the trial court'...
MEMORANDUM OPINION WILLIAM L. WITHAM, Jr., Resident Judge. I. Introduction Defendant William Lewis ("Defendant" or "Lewis") was indicted on July 2, 2012, on one count of Driving A Vehicle Under the Influence of Alcohol and/or Drugs, two counts of Endangering the Welfare of a Child, one count of Failure to Properly Restrain a Child, and one count of Failure to Carry a License. On September 28, 2012, he filed a motion to suppress challenging the validity of the traffic stop that led to his...
OPINION AND ORDER BRADY, J. I. INTRODUCTION A. Facts This case involves a personal injury action brought by Maria G. Bernal ("Plaintiff") to recover damages sustained when Luis Joel Feliciano ("Defendant Luis Joel Feliciano") was driving a vehicle that struck the Plaintiff's vehicle. The vehicle was owned by Benjamin Feliciano ("Defendant Benjamin Feliciano"). 1 The accident occurred near the intersection of I-95 and Martin Luther King Boulevard in Wilmington, Delaware on or about...
OPINION JURDEN, J. For many, "happiness is a warm puppy." 1 To some, a dog is a "minor angel," 2 because it can "love unconditionally, forgive immediately, [and is] the truest [friend], willing to do anything that makes us happy." 3 Dennis Hopper ("Dennis"), a miniature daschund, is a dog caught in the collateral damage following the parties' break-up. Both Plaintiff and Defendant are fighting for sole possession of Dennis; apparently no one "went over the rules." 4 For Lindsay Conte ("...
MEMORANDUM OPINION JEROME O. HERLIHY, Judge. Defendants have moved for summary judgment on the basis that plaintiff, James Tsakalas, has failed to meet the Court's deadline for producing a medical expert/opinion that their negligence caused his injury. Since causation requires expert testimony, the failure to provide such an opinion when due means plaintiffs' case should be dismissed. In making their motion, the defendants relied upon a decision of this Court which, when issued, supported...
OPINION VAUGHN, President Judge. Nkwelle Leonard ("Leonard") appeals from a decision of the Delaware Board of Nursing ("the Board") finding that he violated Board rules by engaging in unprofessional conduct in the workplace. The Board found the hearing officer's recommended discipline to be too lenient, and modified Leonard's penalty 1 to include: (1) a probationary term of no less than one year, (2) completion of 12 hours of continuing education credits in the area of sexual boundaries in...
