Wilmington
For nearly 20 years, Marshall Dennehey has had a presence in Wilmington, Delaware, proudly serving clients throughout the state in all manner of civil defense litigation.
Our Wilmington attorneys regularly defend businesses, insureds, municipalities and professionals in general casualty, employment and labor, health care and health law, product liability, property litigation, professional liability, workers' compensation, and white-collar criminal matters. Our attorneys are active in local Inns of Court and are members of regional defense groups, including the Defense Research Institute, Trial Attorneys of America, Defense Counsel of Delaware and the Delaware Claims Association.
In addition to Delaware litigation, a number of the office's attorneys are admitted to practice in Maryland and routinely handle matters in the state and federal courts of that state as well.
Like all of the firm's regional offices, the Wilmington office combines the advantages of the personal attention of a small law firm with the advantages that come from the intellectual property and broad-based experience of a large firm.
Thought Leadership
What's Hot in Workers' Comp
Delaware Supreme Court Affirms Denial of Workers' Compensation Claim Based on Witness Credibility
September 22, 2026
The Delaware Supreme Court affirmed a Superior Court decision upholding the Industrial Accident Board's denial of a petition for workers' compensation benefits. The Court ruled that the Board's decision was supported by substantial evidence, deferring to the Board's findings regarding witness credibility and medical expert testimony. Prince Parker worked for The Borsello Companies, Inc., where his duties included operating a forklift and mixing mortar. He alleged a lumbar spine injury on February 19, 2024 and reported his injury immediately, although the company denied receiving any such report. It was not until ten days later, on February 29, 2024, Parker sent a text message to a project manager stating his work activities were "screwing [his] back up." Parker was advised to contact the company president. There was no evidence he did and continued his normal work activities. In mid-March 2024, Parker was terminated for insubordination. On March 21, 2024, over a month after the alleged work incident, Parker went to the emergency room for back pain. Emergency room records reflected Parker reported his back pain had been ongoing for over a year, denied any recent trauma, and stated he had not followed up on a prior referral to see a specialist. After the employer denied the claim for benefits, Parker filed a petition with the Board seeking wage loss benefits and payment of outstanding medical bills. The Board heard conflicting medical expert testimony and testimony from the claimant and employer witnesses. The Board, after hearing the testimony, denied Parker's petition, finding that he failed to establish a compensable injury. They did not find Parker’s testimony credible that he suffered a work injury. The Superior Court subsequently affirmed the Board's decision. On appeal, the Delaware Supreme Court addressed and rejected several challenges raised by Parker. Most importantly, the court emphasized that under Delaware law, the Board has exclusive responsibility for weighing evidence, determining witness credibility, and resolving conflicts in testimony. The court deferred to the Board's decision to find Parker’s testimony not credible due to his ten-day delay in reporting back pain, his failure to seek immediate medical treatment, and his emergency room statements denying recent trauma. Since the claimant’s expert relied on the information from Parker, his opinion was discredited. The Board properly found the defense expert’s opinion more persuasive. It is extremely important to ascertain all information related to when the alleged injury occurred, how it occurred and determine if the injured worker is providing the same version of events to the medical providers and the claims handler. Cases turn on credibility and the Board is tasked with making those findings.
What's Hot in Workers' Comp
Delaware Superior Court Affirms Denial of Workers' Compensation for Teacher's Spinal Stroke: Work Stress Alone Insufficient Under "Substantial Cause" Standard
August 13, 2026
Angelina Johnson, a third-grade teacher, filed a workers' compensation petition seeking benefits for a spinal stroke she suffered on January 6, 2022, while at school preparing for a scheduled performance evaluation. The Industrial Accident Board denied her claim, finding that her work-related stress was not a substantial cause of the stroke. Johnson appealed to the Delaware Superior Court, On January 6, 2022, Johnson was at school making copies in preparation for a scheduled annual performance evaluation when she suffered a spinal stroke. Johnson had multiple poorly controlled pre-existing medical conditions, including hypertension with readings reaching 187/95 and 170/100, and diabetes with A1C levels between 9.8 and 11.9. Medical records dating to 2013 documented chronic uncontrolled hypertension and diabetes. Johnson was frequently non-compliant with her blood pressure medication, including during the three weeks before her stroke. With regard to her performance, Johnson had never received an "ineffective" rating and was not on probation or any performance improvement plan. The scheduled evaluation was a routine annual employment activity required of all teachers. The central issue on appeal was whether the Industrial Accident Board correctly applied Delaware's workers' compensation causation standards. Specifically, the court addressed two questions: (1) whether the Board properly applied the "substantial cause" standard from Duvall v. Charles Connell Roofing rather than the "but for" standard from Reese v. Home Budget Center, and (2) whether substantial evidence supported the Board's determination that Johnson's work stress was not a substantial cause of her spinal stroke. The Superior Court affirmed the Industrial Accident Board's decision, holding that the "substantial cause" standard applied because Johnson's scheduled annual teacher evaluation, though stressful, was not an identifiable industrial accident—it was a routine employment activity, not a physical or unexpected event. The court further held that substantial evidence supported the Board's acceptance of the employer's medical expert testimony over Johnson's expert because the employer's expert reviewed a more complete medical history and relied on literature specific to spinal strokes. The Superior Court held that the Board correctly applied the Duvall "substantial cause" standard rather than the Reese "but for" standard. The court reasoned that Johnson's scheduled annual performance evaluation was a routine employment activity, not an unexpected physical accident. The court next addressed whether substantial evidence supported the Board's finding that Johnson's work stress was not a substantial cause of her stroke. The court found substantial evidence supporting the Board's decision to accept Dr. Townsend's testimony over Dr. Dogali's. Dr. Townsend reviewed Johnson's medical records dating back to 2013, which documented a decade-long history of chronic uncontrolled hypertension and diabetes. He relied on medical literature specific to spinal strokes. In contrast, Dr. Dogali reviewed only post-2022 medical records, relied on studies concerning cerebral strokes rather than spinal strokes, and incorrectly assumed that Johnson's medical conditions were recent developments.
Results
Defense Verdict Obtained in Golf Cart Incident
Petition to Terminate Temporary Partial Disability Benefits Granted
We were successful in having our petition to terminate the ongoing receipt of temporary partial disability benefits granted on the basis that the claimant had voluntarily removed himself from the workforce. The Industrial Accident Board reasoned that the claimant was able to work in a medium-duty job, that jobs were available within his restrictions, the he had conducted a minimal job search since his work release more than a year and a half earlier, and that his description of his daily activities was consistent with a person content with a retirement lifestyle rather than someone who intended to continue to work. Accordingly, he was no longer entitled to wage replacement benefits.
News
106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America
August 20, 2026
Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA
June 4, 2026

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department
June 1, 2026
