Robinson v. Automodular Assemblies

Full title: MARY ROBINSON, Employee-Appellant, v. AUTOMODULAR ASSEMBLIES…

Court: Superior Court of Delaware, for New Castle County

Date published: Mar 30, 2004

C.A. No. 02A-07-011 WCC (Del. Super. Ct. Mar. 30, 2004)

Opinion

C.A. No. 02A-07-011 WCC.

Submitted: December 2, 2003.

Decided: March 30, 2004.

Upon Appellee's Motion for Reargument. Denied.

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.

ORDER

CARPENTER, J.

On this 30^th 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.

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).

IT IS SO ORDERED.