MEMORANDUM OPINION CLARK , J. I. INTRODUCTION Before the Court is Plaintiff's Motion for Summary Judgment, and Defendant's Response and Cross-Motion for Summary Judgment. The Court finds that (1) the applicable statute of limitations does not bar Plaintiff's claim and (2) that Plaintiff is entitled to judgment as a matter of law. For the following reasons, Plaintiff's Motion for Summary Judgment is GRANTED, and Defendant's Cross-Motion for Partial Summary Judgment is DENIED. II....
MEMORANDUM OPINION PAUL R. WALLACE , J. I. INTRODUCTION Plaintiff Frank Schultz brings this asbestos action against numerous defendants alleging wrongful exposure to the several Defendants' asbestos-containing products. 1 His claims arise out of activity in Michigan. Mr. Schultz was diagnosed with lung cancer in June, 2010. He and his wife, Deloris, filed this action in Delaware in April, 2013. All Defendants now move for summary judgment, asserting that Delaware's statute of...
M. JANE BRADY , J. PROCEDURAL HISTORY The Defendant, Rashid Roy, ("Roy" or "Defendant") was convicted, following a jury trial that began on March 24, 2011 and lasted nine days, of the charges of Murder in the First Degree, Possession of a Firearm during the Commission of a Felony, Assault in the Third Degree, and Terroristic Threatening. On September 9, 2011, this Court sentenced Roy to Life Imprisonment on the Murder charge, and an aggregate of 12 years of Level V incarceration,...
ORDER WILLIAM L. WITHAM, Jr. , Resident Judge . The issue before the Court is whether a Plaintiff may recover punitive damages for an uninsured motorist claim against an insurance company when Plaintiff was involved in an auto accident with a third-party tortfeasor, and the policy explicitly states punitive damages are unavailable. For the reasons set forth below, the answer is no. FACTS AND PROCEDURE Betty Baker (hereinafter "Plaintiff") was involved in an auto accident with Edmund A....
ORDER ROBERT B. YOUNG , J. SUMMARY Duane Hardy ("Plaintiff"), an apparent victim of both sexual abuse and financial theft, brings the present suit against a number of his former attorneys and their respective law firms ("Defendants"). Defendants were initially retained by Plaintiff to represent him in tort litigation against his sexual abuser. Following the settlement of this lawsuit, Defendants further assisted Plaintiff in the creation of a trust ("Trust"), to hold the proceeds of the...
OPINION M. JANE BRADY , Judge . I. INTRODUCTION This action is an appeal of a decision made by the Delaware Health Resources Board to approve the construction of a new skilled care facility, the Center at Eden Hill ("Eden Hill"). Appellant Genesis Healthcare ("Genesis") is an operator of skilled nursing facilities with which the proposed facility may compete. Because Genesis' interests may be adversely affected by the new facility, Genesis is an interested party and is permitted to...
ERIC M. DAVIS, Judge. This 30 th day of January, 2015, upon consideration of the Motion for Postconviction Relief, the Amended Motion for Postconviction Relief, the Memorandum of Law in Opposition to Defendant Gerald Szubielski's Petition for Post-Conviction Relief, Petitioner Gerard Szubielski's Reply to the State's Memorandum in Opposition to Petitioner's Amended Motion for Postconviction Relief, and, the entire record in this case: 1. The Motion for Postconviction Relief and the Amended...
ORDER YOUNG, J. DECISION Defendant Taylor has moved this Court to grant Summary Judgment in favor of Defendant and against Plaintiff Case. Here, Defendant was traveling southbound on Route 13 in Dover, intending to go into Delaware State University. To do that, Defendant changed lanes towards right turn access lane. Unfortunately, Plaintiff was utilizing a southbound bicycle lane to travel north while riding a "pedal cycle." Because of a large vehicle ahead of him, Defendant did not see...
