Publications
A self-insured employer is not entitled to subrogation against third party settlement for benefits the claimant received during time he was receiving his full salary under the Heart and Lung Act.
In its appeal to the Commonwealth Court, the employer maintained that it was entitled to subrogation to the extent of the compensation payable under the Workers’ Compensation Act, not withstanding the claimant’s concurrent receipt of H
Case Law Alerts, 3rd Quarter, July 2018
Injury on airport shuttle bus while being driven to employee parking lot is compensable.
In its appeal to the Commonwealth Court, the employer argued that the injury did not occur on its premises. A flight attendant was injured on a shuttle bus for airport employees she was using for transport to the employee parking lot.
Case Law Alerts, 3rd Quarter, July 2018
Confusing pleading, even in a notice pleading, state leads to summary judgment.
Two counts of a four-count complaint were dismissed on a motion for summary judgment on behalf of Six Flags Great Adventure.
Case Law Alerts, 3rd Quarter, July 2018
A waiver is valid to insulate an event owner and sponsor from liability for negligent conduct. Delaware’s implied primary assumption of the risk bars negligence claims related to certain sporting activities.
The plaintiff suffered serious injuries at an off-road dirt bike race.
Case Law Alerts, 2nd Quarter, April 2018
In case involving a ball pit at an amusement park, the judge finds as a matter of law that the plaintiff’s own conduct was the cause of her injury.
The plaintiff brought suit for injuries sustained when she slipped on a foam ball located on the floor surrounding a ball pit.
Case Law Alerts, 2nd Quarter, April 2018
The heightened reckless standard to prove liability against participants in recreational sport activities also applies to recreational sport practice. Whether an individual acted recklessly is a question of fact to be determined by the fact finder.
The plaintiff brought suit for injuries sustained when he was struck in the face by a golf club while watching a demonstration on how to hit a golf ball.
Case Law Alerts, 2nd Quarter, April 2018
Liability waivers with binding arbitration provisions for minors are unenforceable if a non-guardian signs for the minor.
A minor visited a trampoline park with a friend’s parent who signed a liability waiver containing an arbitration provision for the minor. The minor sustained injuries at the park during this visit.
Case Law Alerts, 2nd Quarter, April 2018
An insured cannot recover both underinsured and uninsured benefits from the same policy as 18 Del. C. 3902 includes an underinsured motorist within the definition of “uninsured.”
The insured was injured in a three-car accident. One of the vehicles was underinsured, while the other was uninsured. State Farm tendered the $100,000 UM/UIM policy limit to satisfy the insured’s claim against the uninsured motorist.
Case Law Alerts, 2nd Quarter, April 2018
Intent is not required to be proven for a conviction of leaving the scene of an accident.
The defendant, an intoxicated driver, left the scene of an accident that caused the death of a child. The defendant was convicted of leaving the scene of the collision.
Case Law Alerts, 2nd Quarter, April 2018
Sufficient evidence did not support the jury’s award for future loss of earning capacity because the evidence presented revolved around the plaintiff’s fear of losing her job.
The plaintiff was involved in a motor vehicle accident, and the jury awarded her damages for future loss of earning capacity.
Case Law Alerts, 2nd Quarter, April 2018