Supreme Court of Delaware

In a suit against an insurer for underinsured motorist benefits arising out of an automobile accident, grant of a new trial and judgment in the lawsuit is affirmed over plaintiff's meritless claims that: 1) the court abused its discretion in a first trial by granting a new trial on the issues of liability and damages, because the issue of liability had been properly and definitively determined by the jury; and 2) the court's findings of fact and conclusions of law in the second trial were clearly erroneous and that justice requires that they be overturned.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

• RIDGELY, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Bernard A. Van Ogtrop, Esquire (argued) and Jared T. Green, Esquire, of Seitz Van Ogtrop & Green P.A., Wilmington, Delaware for appellant.


• For Appellees:
  
• Michael A. Pedicone, Esquire (argued), Wilmington, Delaware for appellee.