Legal news and updates from the attorneys of Casarino in 2016

The Delaware Supreme Court affirmed the decision of the Delaware Superior Court granting summary judgment to an uninsured motorist carrier. Matt O’Byrne and Brian DeMott argued that based on the plain language of Delaware’s former uninsured motorist statute, the insurance policies of all tortfeasors must be aggregated and compared with the plaintiff’s UIM (or in the event of the plaintiff being insured under multiple UIM policies, a single policy of the plaintiff’s choosing). Moffitt-Ali v. State Farm. (November 2016)

In Smith v. Mahoney, Del. Supr. 2016 WL 6519000, Nov. 3, 2016, the Delaware Supreme Court affirmed the application of Stayton v. Delaware Health Corp. to Medicaid payments made for post-PIP medical expenses claimed by a plaintiff in a personal injury suit. Thomas Leff made the winning argument to the Court.

In Deal v. Dimondo and USAA, Del. Super., 2016 WL 3662195, July 1, 2016, the Delaware Superior Court upheld the application of the former UIM Statute to plaintiff’s auto policy. Thomas Leff presented the successful argument to the court.

The Delaware Supreme Court affirmed the decision of the Delaware Superior Court, which granted the defendant’s summary judgment as to plaintiff’s breach of contract and property damage claims. Colin Shalk and Brian DeMott successfully demonstrated that Delaware’s Statute of Repose, which sets a specific time frame to file suit regardless of when a plaintiff becomes aware of its injury, applied to the plaintiff’s claim. 326 Associates, L.P., v. Progressive Services, Inc., (November 2016)

After a learned oral argument, the Delaware Supreme Court agreed with the argument made by Thomas P. Leff and ruled that their prior decision of Stayon . . . applies to Medicaid, thereby limiting the collateral source rule to only amounts paid by Medicaid and not their reductions or write-offs.

Michael J. Hendee represented the Forty Acres Community Association before the Zoning Board of Adjustment. After a hearing that lasted late into the night the Board ruled in favor of the Community Association to save four historic homes. (September 2016) (links:;

Kenneth M. Doss successfully defended a personal injury protection case in which the jury found that a $72,000 surgery was not related to the motor vehicle accident. (May 2016)

Michael J. Hendee obtained a defense verdict in Rivera v. Short, a disputed red light case. The jury found no liability whatsoever on the part of his client, returning its verdict in less than hour. (March 2016)

Colin M. Shalk effectively argued before the Delaware Supreme Court, to dismiss a class action finding that the PIP statute does not absolutely require that all bills be paid or denied within 30 days and that the statute contains its own penalty where PIP benefits are paid untimely. Clark v. State Farm Mut. Auto. Ins. Co., 131 A.3d 806 (Del. 2016) (January 2016)

Colin M. Shalk obtained a defense verdict for his client, a general contractor, after an eight day jury trial. The Plaintiff was claiming over a million dollars in medical expenses and lost wages after a piece of plywood fell on him. The jury found that Mr. Shalk’s client was not responsible for the incident or plaintiff’s injuries. Smith v. Dewson Construction. (January 2016).