Robinson v. Automodular Assemblies.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MARY ROBINSON, ) ) Employee - Appellant, ) ) ) v. ) ) AUTOMODULAR ASSEMBLIES, ) ) Employer - Appellee. ) C.A. No. 02A-07-011 WCC Submitted: December 2, 2003 Decided: March 30, 2004 Upon Appellee s Motion for Reargument. Denied. ORDER Sidney Balick, Esq. , Balick & Balick, 711 N. King Street, Wilmington, DE 19801. Attorney for Employee-Appellant. Susan A. List, Esq., Tybout Redfearn & Pell, 300 Delaware Avenue, Suite 1100, PO Box 2092, Wilmington, DE 19899. Attorney for Employer-Appellee. CARPENTER, J. On this 30th day of March, 2004, upon consideration of the Motion for Reargument filed by Automodular Assemblies and the record of the proceedings below, including the Court s Order of July 31, 2003, the Court finds that: A motion for reargument is appropriate where it is shown that the Court either overlooked a precedent or legal principle that would have controlling effect, or misapprehended the law or the facts such as would affect the outcome of the decision. 1 The Court believes that for the reasons set forth in its previous Order,2 this standard has not been met. Therefore, Appellee s Motion for Reargument is DENIED. IT IS SO ORDERED. ________________________________ Judge William C. Carpenter, Jr. 1 Crowhorn v. Nationwide Mut. Ins. Co., 2001 WL 789649, at *1 (Del. Super.) (citation omitted). 2 See Mary Robinson v. Automodular Assemblies, C.A. No. 02A-07-011, Carpenter, J. (July 31, 2003).

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