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Del. Super. Ct.·
2019-05-17
The court granted summary judgment for the defendants on multiple claims. The court held that the informed consent claim failed because the hysterectomy was an emergency procedure. Medical negligence claims regarding the performance of the episiotomy and hysterectomy were dismiss
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Del. Super. Ct.·
2017-10-31
The Delaware Superior Court granted the defendants' motion to dismiss, finding that the plaintiff failed to state a claim upon which relief could be granted. The court determined that the defendants were immune under the Delaware State Tort Claims Act because their actions were d
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Del. Super. Ct.·
2017-06-23
The appellate court reversed and remanded the Unemployment Insurance Appeal Board's decision because the Board's factual findings were inadequate. The court could not determine if the Board's decision was supported by substantial evidence or if the law was properly applied due to
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Del. Super. Ct.·
2016-11-23
The court held that under Delaware's wrongful death statute, 10 Del. C. § 3724(d)(5), the existence of surviving children bars parents and siblings from recovering damages for mental anguish. The court further found that the phrase "to whom the decedent stood in loco parentis" ap
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Del.·
2016-04-18
The Delaware Supreme Court reversed the Superior Court's denial of a motion to dismiss for lack of personal jurisdiction. The Court held that Delaware's registration statutes, requiring foreign corporations to appoint a registered agent for service of process, do not constitute c
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Del. Super. Ct.·
2015-03-12
The Unemployment Insurance Appeals Board's (UIAB) decision to uphold the termination of the appellant for just cause and deny unemployment insurance benefits is affirmed. The court found that the UIAB's decision was supported by substantial evidence and free of legal error. Argum
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Del. Super. Ct.·
2014-02-18
The court denied the defendants' motion for partial summary judgment, finding that the facts and reasonable inferences therefrom could support a finding of punitive conduct against the radiology defendants and KDRA. The court determined that genuine issues of material fact existe
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Del.·
2013-08-16
The Delaware Supreme Court affirmed the Superior Court's decision to apply Texas substantive law and Delaware procedural law, finding that the plaintiffs waived arguments for California or Delaware substantive law. However, the Court remanded the case for the Superior Court to de
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Del. Super. Ct.·
2013-05-08
The court denied the defendants' motions for summary judgment, finding that genuine issues of material fact exist regarding the applicability of the attractive nuisance doctrine and whether the defendants' conduct rose to the level of willful or wanton disregard for the child's s
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Del. Super. Ct.·
2013-03-27
The Court denied the defendants' motion to dismiss the plaintiffs' first amended complaint. The Court found that under Arizona law, employers owe a duty to the unborn children of their employees for injuries sustained in utero due to tortious conduct preceding conception. The Cou
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Del. Super. Ct.·
2012-01-31
The court denied the defendants' motions to dismiss. The court found that the plaintiffs' allegations were sufficient to support claims for punitive damages against the individual doctors, direct negligence claims against the institutional defendants, and a claim for negligent in
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Del. Super. Ct.·
2011-09-12
The court granted the defendants' motion to dismiss, finding that Delaware was an inappropriate forum for the plaintiff's tort claims under the doctrine of forum non conveniens. The court determined that the substantial connection of the case to the Bahamas, the inconvenience and
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Del. Super. Ct.·
2009-12-31
The Unemployment Insurance Appeal Board's decision is remanded for further findings of fact and conclusions of law. The court found that the Board failed to adequately address the evidence concerning the employee's obligation to be honest and truthful in logging her activities, p
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Del. Super. Ct.·
2003-06-27
The Delaware Transit Corporation's appeal is denied, and the decision of the Unemployment Insurance Appeal Board is affirmed. The court held that the employee was terminated without just cause and was therefore qualified for unemployment benefits. The employee's duty to inform he
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Del. Ch.·
2002-05-13
The Unemployment Insurance Appeal Board's decision granting unemployment benefits to the claimant is affirmed. The court found that the Board's decision was supported by substantial evidence and free from legal error. The employer failed to meet its burden of proving that the cla
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768 So. 2d 1183·
Fla. 4th DCA·
2000-09-20
Appellants Joseph and Robin Splaine appealed summary judgment dismissing their negligence claims against Tower Systems South, Inc. following a tower collapse that injured workers. The Fourth DCA reversed summary judgment as to Tower Systems, holding that genuine issues of materia
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932 F. Supp. 1399·
M.D. Fla.·
1996-07-01
An exculpatory clause in a registration form for a sports festival is enforceable and bars a participant's claim for injuries resulting from negligence, provided the clause is clear and the alleged misconduct is not willful or wanton.
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655 So. 2d 221·
Fla. 1st DCA·
1995-05-31
In this appeal and cross-appeal from a jury trial involving an investment dispute, the court affirmed the jury's verdict on unregistered securities sales and breach of fiduciary duty, but reversed directed verdicts on securities fraud, common law fraud, and punitive damages, find
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997 F.2d 401·
8th Cir.·
1993-06-30
The court held that the insurer's conduct supported a finding of bad faith but not punitive damages, and that attorney fees were not recoverable under the bad faith tort claim.
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620 So. 2d 1032·
Fla. 5th DCA·
1993-05-28
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989 F.2d 696·
3d Cir.·
1993-04-02
A landowner owes a trespasser only the duty to refrain from wilful or wanton misconduct, not a duty of reasonable care, even if the trespasser is foreseeable and the injury results from an artificial condition.
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S.D. Fla.·
1992-04-29
Contracts to procure marine insurance are within admiralty jurisdiction if the services performed are maritime in nature, as determined by the subject matter of the contract.
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595 So. 2d 140·
Fla. 5th DCA·
1992-02-14
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934 F.2d 261·
10th Cir.·
1991-05-30
The court held that a sole proprietor's lost income under the CAARA must be calculated by deducting business expenses, and that the CAARA does not preempt a common law claim for bad faith breach of insurance contract.
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893 F.2d 932·
7th Cir.·
1990-01-26
The court held that a decedent's willful and wanton misconduct (driving while intoxicated) bars a wrongful death action by surviving dependents under Indiana law, as the decedent could not have maintained an action had she lived.
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870 F.2d 350·
7th Cir.·
1989-02-22
The court held that Indiana law imposes a negligence standard for dog bite cases, regardless of the victim's status as an invitee or licensee.
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864 F.2d 1147·
5th Cir.·
1989-01-24
Officers and directors of a Louisiana nonprofit corporation are liable only for gross negligence, not simple negligence, in discharging their duties.
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851 F.2d 829·
6th Cir.·
1988-07-12
The court held that the railroad was not liable for the trespasser's injuries because it owed no duty of care as a landowner and its employees' alleged negligent advice to the trespasser was outside the scope of their employment.
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424 So. 2d 925·
Fla. 1st DCA·
1983-01-04
The court held that the trial court erred in dismissing the amended complaint without granting leave to amend and that the statute in effect at the time of the cause of action's accrual, not the filing date, governs suits against state employees.
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579 F.2d 1231·
10th Cir.·
1978-07-28
The court held that the lease provisions clearly exonerated the tenant from liability for fire damage caused by the ordinary negligence of its employee, and that no reversible trial error occurred.
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319 So. 2d 578·
Fla. 3d DCA·
1975-10-07
Florida appellate court reversed summary judgment for plaintiff on assault liability, finding genuine issues of material fact precluded summary disposition.
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264 So. 2d 458·
Fla. 2d DCA·
1972-07-12
Herrod appealed the dismissal of her gross negligence complaint against Schimmelfing for injuries sustained as a passenger in his car. The court held that the complaint adequately alleged gross negligence and reversed the dismissal, finding sufficient factual allegations to survi
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459 F.2d 994·
5th Cir.·
1972-05-15
The court held that a complaint alleging a totality of circumstances including excessive speed, inattention, and loss of control, if proven, could raise a jury issue of gross negligence under the Florida Guest Statute.
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255 So. 2d 690·
Fla. 1st DCA·
1971-12-21
In this guest statute case, the Florida District Court of Appeal held that a high school student injured while being transported from school to his part-time job (rather than home) falls within the student exception to the guest statute, allowing recovery based on ordinary neglig
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249 So. 2d 457·
Fla. 1st DCA·
1971-06-08
The Florida District Court of Appeal reversed a trial court's dismissal of a negligence action brought by the parents of a four-year-old girl injured as a passenger in a motor vehicle, holding that the guest statute does not apply to children too young to exercise the judgment ne
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408 F.2d 555·
7th Cir.·
1969-03-18
The court held that the plaintiff was a guest being transported without payment, and therefore the defendant was not liable for his injuries absent wanton or wilful misconduct, which was not demonstrated.
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384 F.2d 994·
6th Cir.·
1967-11-15
The court held that the district court's order granting summary judgment was not a final order and vacated the judgment.
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372 F.2d 245·
9th Cir.·
1967-01-16
The court held that the trial court erred in instructing the jury to weigh the societal value of the defendant's plant against the plaintiffs' farming activities when considering punitive damages. The court also found other related errors in the trial proceedings.
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367 F.2d 883·
10th Cir.·
1966-10-31
The court held that the trial court erred in submitting the guest status determination to the jury, as the evidence did not support a finding that the agreement to share expenses was a motivating factor for the transportation. The court also held that the trial court properly ref
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182 So. 2d 34·
Fla. 3d DCA·
1966-01-25
The court held that the plaintiff was a guest within the meaning of the guest statute, and since no gross negligence was shown, the trial court did not err in directing a verdict for the defendants.
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350 F.2d 638·
7th Cir.·
1965-08-03
The court held that the trial court applied an erroneous rule of law in directing a verdict against the plaintiff.
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342 F.2d 801·
2d Cir.·
1965-03-12
The court held that the railroad, lacking a possessory interest in the land, could not invoke the limited duty owed to trespassers and was subject to a standard of ordinary reasonable care.
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168 So. 2d 701·
Fla. 2d DCA·
1964-11-11
In this guest statute case, the Florida District Court of Appeal reversed a jury verdict for the defendant because the trial court's jury instruction on gross negligence improperly equated it with willful and wanton misconduct, placing an excessive burden of proof on the plaintif
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168 So. 2d 550·
Fla. 3d DCA·
1964-11-03
The court held that the guest-passenger statute's exception for students being transported to or from places of learning applies to college students.
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324 F.2d 939·
7th Cir.·
1963-12-05
The court held that the trial court did not err in striking the willful and wanton negligence count, nor was there prejudicial error in questioning about a whiskey bottle or explaining an absent witness's unavailability. The jury's verdict was not against the manifest weight of t
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142 So. 2d 360·
Fla. 3d DCA·
1962-06-19
A passenger who contributes a small sum to defray operating expenses is still considered a guest under the Florida Guest Statute, requiring a showing of gross negligence for recovery.
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138 So. 2d 761·
Fla. 1st DCA·
1962-03-13
The trial court erred in denying plaintiffs' motion to eliminate allegations of gross negligence from the complaint where a prior appellate decision had established that simple negligence was the applicable standard, and this error permeated the trial.
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222 F.2d 337·
5th Cir.·
1955-05-10
The court held that the trial court correctly directed a verdict for the defendant railroad because the deceased's own contributory negligence was the sole proximate cause of his death under Alabama law.
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205 F.2d 434·
7th Cir.·
1953-06-29
A plaintiff's attempt to board a moving, accelerating train, even if others have done so, constitutes negligence as a matter of law when it is obviously dangerous and without reasonable necessity.
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182 F.2d 483·
5th Cir.·
1950-05-12