The recent Delaware Superior Court opinion in the case of DeSantis v. Gardiner, N18C-01-304 WCC discusses Delaware’s long standing recognition of the sanctity of jury deliberations. In the DeSantis case, after a three day jury trial, the jury returned a verdict awarding substantial damages to the Plaintiff. The action brought by the Plaintiff had sought…

Earlier this month it was announced that the furniture retailer IKEA had agreed to pay $46 million to settle a wrongful death case arising from the death of a toddler when an IKEA dresser, described as a “MALM dresser” tipped over onto the young child. The lawsuit was filed in the Court of Common Pleas…

Dram shop acts are laws that impose civil liability on a bar or bartender who over serves an intoxicated customer when that customer later injures someone, such as in a drunk driving accident. Unlike many states, Delaware does not have a dram shop act, and the Delaware courts have resisted requests to impose a common…

The busy holiday travel season is upon us. It is likely that at some point this holiday season, you will welcome family and friends into your home to celebrate the holidays with you. As a personal injury attorney, I often represent travelers and guests who are injured as a result of defects or defective conditions…

The Delaware Department of Transportation (“DelDOT”) is a State agency with the statutory responsibility of caring, managing, and controlling the public roadways and highways in Delaware.  Within the past year, the issue of safety of Delaware’s Route 1 (SR 1) has been a focus in the local news after recent fatal cross-over and run-off accidents have occurred…

The first thing to understand about a mediation is that a mediation conference will only bring a resolution to your case if all the parties agree to the resolution.  A mediator will not decide the case.  The mediator’s job is to act as a go-between; he or she will spend time with you and your…

If you have been enthralled by the exciting reality drama portrayed during the 30th Anniversary of Shark Week, perhaps you may decide to finally pull the trigger on that vacation to the Florida Keys or the Bahamas, not to just soak up the sun all day on the beach, but to experience your very own…

Currently awaiting consideration by the Banking, Business and Insurance Committee in the Delaware State Senate is Senate Bill 161. Introduced to the General Assembly on March 20, 2018, Senate Bill 161 would drastically change the way medical providers are compensated when treating patients who have been injured in motor vehicle accidents in Delaware. Under the…

Payment of Medical Bills If you are injured in a car accident, the insurance of the car that you are traveling in at the time of the accident will pay your medical expenses.  The coverage that provides for this benefit is called “Personal Injury Protection” (also called “PIP” or “No-fault”).  The PIP coverage applies regardless…

Were you injured in a motor vehicle collision in Delaware while occupying a vehicle insured in Delaware? The coverage of that vehicle is the primary payer of medical treatment and lost wages, known as your personal injury protection coverage or “PIP”. PIP coverage determines the number of payments your insurance company must pay for your…

Not all slip and falls caused by snow and ice will result in a successful legal claim for damages against a Delaware landowner. Whether a Delaware landowner will be held responsible for injuries that occur on a snowy or icy walkway will first depend on whether the fall occurred during a winter storm. This is…

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