Case Summaries

Workers' Comp

[05/06] Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

More...

Injury & Tort Law

[05/14] Lockett v. Suardini
In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.

[05/13] Price v. Connolly-Pac. Co.
In an action brought by a "commuter seaman" claiming entitlement to "maintenance and cure" from his employer under maritime laws after he allegedly contracted West Nile encephalitis while working on a ship, judgment for employer is affirmed over claims that: 1) under the Shipowner's Liability Convention of 1936, a seaman only needs to prove that an illness incurred, aggravated or manifested itself during the period of employment instead of while in the service of a vessel; and 2) even if a commuter seaman is not on call or engaged in an activity generally considered in the service of a vessel, maintenance and cure is required if an illness is contracted while the seaman is participating in an on-shore activity which benefits the employer.

More...