By: Tiffany M. Shrenk, Esq. In Lacy v. Bayhealth Medical Center, C.A. No. K20-10-005 NEP, the Delaware Superior Court ruled that a former serviceman pursuing a medical malpractice claim was barred from recovering the full amount of his medical bills, and instead, was limited to recovering only the amounts paid by his government health insurance…
On April 14, 2022, Senate Bill 209 requiring commercial carriers to carry $1 million in underinsured/uninsured (UIM/UM) limits unanimously passed the Delaware Senate. This Act provides additional coverage for passengers of public transportation, specifically buses, taxis, and limousines, matching the coverage that has already been required by law to protect passengers of “Transportation Network Companies”,…
When a person claims a right to recover damages, the law imposes a duty upon the claimant to mitigate those damages. This means that someone who has suffered a loss or injury must take advantage of reasonable opportunities to decrease the amount of damages suffered. While this principle applies in a variety of civil cases,…
There is no question that seatbelt usage helps prevent against serious injury or death in an automobile collision. Accordingly, Delaware law requires vehicle occupants to wear a seat belt. Nonetheless, there are times when vehicle occupants are injured in collisions at times when they are unrestrained. It may be that the collision occurred when the…
Strict Liability of Dog Owners Delaware’s Dog Bite Statute is beneficial in that it did away with the “one bite free” rule of the common law. With the statute, a dog owner in Delaware faces strict liability for an unprovoked dog bite or attack. The dog owner will be responsible for compensating a person for…
As a result of the COVID-19 public health emergency, Delaware court facilities are closed to the public , but still operating
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…
