OPINION SCOTT , J. Plaintiffs, Texas Roadhouse Management Corporation, Texas Roadhouse Holdings LLC, and Texas Roadhouse, Inc. (collectively "Texas Roadhouse") moved for summary judgment pursuant to Superior Court Civil Rule 56 on the issue of whether restaurant hosts are direct service employees within the meaning of 19 Del. C. 902(d)(2) who may participate in a tip pool which allows the employer to take a tip credit toward the state minimum wage obligation. Defendant, Delaware...
ORDER COOCH , R.J. I. INTRODUCTION 1. Plaintiff-Below/Appellant Chanel Tarrant ("Appellant") appeals a decision of the Court of Common Pleas granting Defendant-Below/Appellee Lawrence A. Ramunno's ("Appellee") Motion to Dismiss. Appellant has made no legal argument as to how the Court of Common Pleas erred, and this Court finds no error in the trial court's decision. Accordingly, the decision of the trial court is AFFIRMED. II. FACTS AND PROCEDURAL HISTORY 2. Appellant engaged...
OPINION JURDEN , P.J. INTRODUCTION Before the Court are multiple motions for summary judgment filed by Plaintiffs, TIAA-CREF, 1 and Defendants, Plaintiff's professional liability insurers. This lawsuit stems from TIAA-CREF's involvement as a defendant in three underlying class action lawsuits, Rink, 2 Bauer-Ramazani, 3 and Cummings 4 (collectively, the "Underlying Actions"), each of which resulted in a settlement. 5 As part of the settlement agreements in the Underlying...
OPINION MEDINILLA , J. [THE TEXT OF THE OPINION WILL BEGIN ON THE NEXT PAGE] INTRODUCTION Plaintiff asserts claims for breach of express warranty and negligence against Defendant National H.V.A.C. Service ("National HVAC"), and negligent manufacturing against Defendant Carrier Corporation ("Carrier") as a result of improper equipment installation by National HVAC that caused damage to Plaintiff's work equipment. National HVAC asks this Court to consider its Motion to Dismiss under...
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...
ORDER VIVIAN L. MEDINILLA, Judge. On this 16th day of October, 2014, upon consideration of Appellant's Motion for Reargument, it appears to the Court that: 1. On June 30, 2014, this Court issued an Opinion 1 affirming the decision of the Board of Medical Licensure and Discipline (the "Board"), which found Appellant William F. Bilski, D.O. ("Dr. Bilski") guilty of unprofessional conduct. 2 Dr. Bilski filed a timely Motion for Reargument, and a hearing was held on September 18, 2014. 3...
ORDER VIVIAN L. MEDINILLA, J. On this 26th day of September, 2014, upon consideration of Defendant Alan S. Bass' Sixth Motion for Postconviction Relief, it appears to the Court that: 1. In June 1983, a jury convicted Bass of two counts of Rape First Degree, three counts of Kidnapping First Degree, two counts of Robbery First Degree, Attempted Robbery First Degree, two counts of Burglary Second Degree, and Burglary Third Degree. On January 13, 1984, this Court sentenced him to a total of...
LYNNE M. PARKER, Commissioner. INTRODUCTION Plaintiff Constance Gary worked as a receptionist for Defendant R.C. Fabricators, Inc. ("RCF"), a steel fabrication and erection company, for 11 months, from June 4, 2008 until her termination on May 8, 2009. Plaintiff Gary filed the subject action alleging three claims of discrimination: 1) religious/spiritual harassment; 2) sexual harassment; and 3) retaliation. Both RCF and the Plaintiff filed cross-motions for summary judgment on these claims....
ORDER ROBERT B. YOUNG, J. SUMMARY Terry Adgate ("Defendant") has been charged with four sexual offenses stemming from incidents, three of which are alleged to have occurred between January 1, 1990 and December 31, 1993; and the fourth between April 1, 1996 and July 1, 1996. The allegations bringing about all charges are asserted by Defendant's former stepdaughter ("Claxton"). Because 11 Del. Code 205, providing for no limitation on the time of filing these actions, applies, Defendant's...
OPINION VIVIAN L. MEDINILLA, Judge. INTRODUCTION A final order of the Board of Medical Licensure and Discipline of the State of Delaware ("the Board") found that Appellant, physician William Bilski D.O., ("Dr. Bilski") acted unprofessionally and violated the Medical Practice Act, pursuant to 24 Del. C. 1731(b)(11). This is Dr. Bilski's appeal pursuant to 24 Del. C. 1736, 29 Del. C. 10142, and Superior Court Civil Rule 72. This Court finds that the Board's order is supported by...
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...
