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…
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…
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…
