Publications
When non-Delaware insurer issues casualty insurance policy covering all facilities in various states, including Delaware property, it must provide claimant with notice of applicable statute of limitations or claimant’s time to file an action is tolled.
On June 25, 2013, a child slipped and fell on a wet bathroom floor at Alfred I. DuPont Hospital for Children, which, although it is located in Delaware, is owned and operated by a Florida corporation.
Case Law Alerts, 2nd Quarter, April 2017
Summary judgment affirmed when there was no evidence that hospital or its cleaning company had actual or constructive knowledge of dangerous condition.
The Florida Third District Court of Appeals affirmed the entry of summary judgment by the Circuit Court for Miami-Dade County in favor of a hospital and its housekeeping contractor.
Case Law Alerts, 2nd Quarter, April 2017
Florida law applies “reasonable expectation” test in determining if restaurant may be held negligent for alleged “harmful substance” served a patron.
The Fourth District Court of Appeals reversed and remanded a trial court’s entry of summary judgment in favor of the defendant restaurant.
Case Law Alerts, 2nd Quarter, April 2017
Colleges have duty to student athletes to protect against injury and to have qualified medical personnel to provide adequate care.
The defendant college owed the plaintiffs a duty of care in their capacity as intercollegiate athletes engaged in a school-sponsored and supervised sport and was required to have qualified medical personnel to provide adequate treatment in the eve
Case Law Alerts, 2nd Quarter, April 2017
Ongoing investigation privilege.
Police investigation reports regarding ongoing investigations are privileged under the Criminal History Record Information Act and executive privilege. They are not subject to disclosure in civil proceedings.
Case Law Alerts, 2nd Quarter, April 2017
No admiralty jurisdiction over contract limited to land transportation, even when cargo being transported was shipped overseas pursuant to maritime “through” bill of lading.
On February 8, 2017, the United States District Court for the District of New Jersey held that it did not have admiralty jurisdiction over a matter involving a contract to lease chassis to a carrier for the transportation of cargo from a railhead
Case Law Alerts, 2nd Quarter, April 2017
Cargo offloaded and placed in warehouse not “delivery” under Carmack Amendment.
The matter arises from a case filed by the plaintiff against ABF Freight Systems for the theft of Starboard’s high-value watches and jewelry from ABF’s warehouse.
Case Law Alerts, 2nd Quarter, April 2017
Highly technical nature of elevator mechanics requires expert testimony to support plaintiffs’ claims.
The plaintiffs alleged that they were injured when an elevator located in an apartment building malfunctioned.
Case Law Alerts, 2nd Quarter, April 2017
Plaintiff’s post-accident observations of defective carpet were insufficient to create an issue of fact.
The plaintiff allegedly tripped and fell over a carpet at the entrance door to the defendant’s property.
Case Law Alerts, 2nd Quarter, April 2017
Summary judgment granted in favor of homeowner pursuant to Delaware’s Premises Guest Statute. There was no evidence that homeowner engaged in willful or wanton conduct by not repairing her driveway.
While walking her dog, the plaintiff ventured onto the defendant’s driveway, where she fell on a crack and was injured.
Case Law Alerts, 2nd Quarter, April 2017