Potter, Carmine & Associates, P.A. | Attorney | Wilmington, DE

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SERVING WILMINGTON, NEWARK, AND SMYRNA, DE

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By Potter, Carmine & Associates, P.A., Nov 20 2015 04:54PM

In a motor vehicle collision involving a school bus and automobile, our client suffered a severely fractured ankle with post-traumatic arthritis. Trial was held in the Federal District Court of Delaware. The offer to settle was $350,000, and the jury awarded $1.15 million.

Client suffered a torn rotator cuff and post-surgical infection after his chair at a casino collapsed. Potter, Carmine settled the case for $200,000.

In a motor vehicle collision involving a pick-up truck and garbage truck, our client suffered a shattered hip socket resulting in loss of bowel and bladder functions. Another law firm had the case and offered to settle it for $50,000. Potter, Carmine got the case, and settled it for $1.6 million.

A fire escape collapsed onto our client, causing a serious head injury. Prior to trial, the defense offered $50,000 to settle. Potter, Carmine tried the case, and the jury awarded $2.25 million.

A car accident occurred after the other driver failed to stop at a stop sign. The client suffered a serious hip injury. Potter, Carmine settled the case for $2 million.

“Trial Opens in Murder, Baby Kidnap”, by Don Manley, Oct. 4, 1989, Philly.com

B. Potter represented Defendant Richard Lynch when he was tried on capital murder charges in the Kent County Superior Court, and Mr. Lynch was found not guilty of murder.

“Del. Suspect Testifies in Murder Trial”, by Don Manley, Oct. 25, 1989, Philly.com. Stephen B. Potter represented Defendant Richard Lynch when he was tried on capital murder charges in the Kent County Superior Court, and Mr. Lynch was found not guilty of murder.

Timblin v. Kent General Hospital, 640 A.2d 1021 (Del. 1994).

A patient complaining of chest pain received the wrong medication from an inadequately trained nurse, and the patient died. An out-of-state attorney tried the case and lost. The jury found for the defense and awarded nothing to the patient’s family. Mr. Potter took over representation of the plaintiff, appealed to the Delaware Supreme Court, and the verdict was reversed on grounds of admission of prejudicial evidence in violation of Rule 403 of the Delaware Rules of Evidence. Mr. Potter re-tried the case, and a jury awarded $1.5 million.

Capital Management Co. v. Charles A. Brown, 813 A.2d 1094 (Del. 2002).

After the Delaware Superior Court entered judgment on the jury verdict for a pedestrian injured by a collapsed fire escape, the Delaware Supreme Court affirmed holding, inter alia, that defendant management company assumed a duty to inspect the exterior of the building.

State Farm v. Larry Washington and LeShawn Washington, 641 A.2d 449 (Del. 1994).

The Delaware Supreme Court affirmed the lower court's decision that the named driver exclusion of an automobile insurance policy was unenforceable as violation of public policy where the excluded driver was the innocent victim of another's negligence.

Rogers v. Christina School District, 73 A.3d 1 (Del. 2013).

Potter, Carmine represented the grandparents of a sixteen year old high school student who took his life only hours after meeting with a school interventionist. No one from the school contacted the grandparents, who were the teenager's guardians, to inform them the student was suicidal. After the Superior Court dismissed the case, finding a lack of duty to protect the student, the Delaware Supreme Court reversed and remanded the case back to the lower court, finding a negligence per se claim against the school district for failure to follow protocols that require parental notification of suicide threats expressed by students.

Family can sue school over suicide, Del. high court says.” Beth Miller, July 18, 2013, The (Wilmington, Del.) News Journal

In Robaszkiewicz v. A-Del Construction Co., Inc., I.A.B. Hearing No. 1309426 (Jan. 14, 2010), a construction worker injured his back and neck when he was struck by a backhoe at work. When the insurance carrier failed to timely pay the injured worker’s surgical bills, Potter, Carmine argued successfully for a fine to be imposed on the carrier and interest awarded. This was the first case decided under the 2007 statutory amendments in which the worker’s compensation carrier could be assessed a fine and interest for failure to timely comply with new billing requirements.

Poore v. Wallace, I.A.B. Hearing No. 1337349 (Jan. 18, 2012), a horse handler injured her low back while cleaning horse stables. The employer tried to terminate the worker’s benefits claiming she was able to perform light duty work. By establishing that the employee was a “displaced worker”, Potter, Carmine ensured the continuation of the employee’s worker’s compensation benefits.

Potter, Carmine represented an employee who injured her arm, shoulder, and neck while working as a crane operator. When the carrier failed to pay worker’s compensation benefits pursuant to a Board order, Potter, Carmine instituted a Huffman suit and achieved a double award in favor of the employee.

Wyatt v. Rescare Home Care, 81 A3d 1253 (Del. 2013)

Potter, Carmine represented a certified nursing assistant who suffered spinal injuries after a lifting incident at work. The worker was awarded benefits by the Board, but the employer appealed. The first appellate court reversed the Board's finding that the claimant had suffered a compensable work injury. Potter, Carmine appealed to the Delaware Supreme Court, who found in favor of the injured worker. The Supreme Court agreed that there was sufficient evidence supporting the Board's determination that the claimant had suffered a compensable, work-related injury.

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