Delaware Supermarkets (Travelers) v. Sarne, et al.

Annotate this Case

Download PDF

SUPERIOR COURT OF THE STATE OF DELAW ARE WILLIAM C. CARPENTER, JR. JUDGE NEW CASTLE COU NTY COURT HOUSE 500 NORT H KING ST REET, SUITE 10400 WILM INGTO N, DE 19801-3733 TELEPH ONE (302) 255-0670 August 21, 2013 H. Garrett Baker, Esquire Elzufon, Austin, Tarlov & Mondell 300 Delaware Avenue, 17th Floor Wilmington, DE 19899-1630 William Rimmer, Esquire Heckler & Frabizzio 800 Delaware Avenue, Suite 200 P.O. Box 128 Wilmington, DE 19899 Steve Mones, Esquire The Freibott Law Firm 1711 East Newport Pike Wilmington, DE 19804 RE: Delaware Supermarkets (Travelers) v. Sarne and Delaware Supermarkets (PMA) C.A. No. N12A-09-003 WCC Submitted: July 8, 2013 Decided: August 21, 2013 On Appellee PMA s Motion for Oral Reargument. DENIED. Dear Counsel: The Court is in receipt of Appellee PMA s Motion for Oral Reargument in the above-captioned case. In essence, the Appellee asserts that the Court went beyond the role it appropriately plays in considering appeals of the Industrial Accident Board. The Court has reviewed the Motion as well as the previous Opinion issued on June 28, 2013 and does not believe it has misapprehended the law or facts or overlooked a controlling precedent or legal principle that would justify reconsideration of the Opinion. The Court believes it has appropriately and fairly considered the issues on appeal and has exercised its jurisdiction and authority properly. As such, Appellee PMA s Motion for Oral Reargument is hereby DENIED. The Court also notes that the argument set forth in Appellee s Motion concerning 19 Del. C. § 2327(a) is not a matter raised on appeal and therefore the Court will not take any additional argument on that request. If you have some concern regarding PMA s responsibility as to the amount of compensation to be paid to the employee, you should take that up with the Industrial Accident Board by filing the appropriate petition. As a result, the Motion filed on behalf of PMA is hereby denied. IT IS SO ORDERED this 21st day of August, 2013. /s/ William C. Carpenter, Jr. Judge William C. Carpenter, Jr. WCCjr:cjr cc: Christy Magid, Case Manager

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.