District of Columbia, February, 2004, State Case law

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State Courts - District of Columbia - February 5, 2004

Berkow v. Hayes, Nos. 02-CV-99 & 02-CV-174, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: Summary judgment for a head pathologist doctor and a hospital in medical malpractice case was proper because the patient presented no expert testimony. Summary judgment for added defendants was proper because the action against them was time-barred.

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In re Beller, No. 03-BG-789, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: An attorney who failed to respond to requests for information from Bar Counsel and the District of Columbia Board on Professional Responsibility did not except to a recommendation of a 120-day suspension and the recommendation was adopted.

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In re Estate of Monge, No. 02-PR-456, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: A claimant was improperly awarded summary judgment in her action to enforce claims against a decedent's estate who had been a domiciliary of Puerto Rico because the foreign personal representative had actual knowledge of other claims in Puerto Rico.

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Johnson v. Payless Shoe Source, Inc., No. 02-CV-1182, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: Where District of Columbia litigant established good cause for failure to timely supply proof of service--likely loss of filing during anthrax scare--she was entitled to vacation of involuntary dismissal of her personal injury action.

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Miller v. District of Columbia, No. 02-CV-1312, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: Trial court properly dismissed a mother's wrongful death action against the District of Columbia; the public duty doctrine barred the action, and the actions of police officers during a rescue operation were not subject to dissection at trial.

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Pelkey v. Endowment for Cmty. Leadership, No. 01-CV-1136, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: A trial court properly denied a tenant's motion to vacate a default judgment in a landlord's action for possession of real estate; the tenant failed to show good cause for the default, as the tenant should have known of the existence of the suit.

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Zoob v. Jordan, No. 01-FM-1336, DISTRICT OF COLUMBIA COURT OF APPEALS, February 5, 2004, Decided
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Overview: Evidence that a husband asked persons who managed a cooperative where he bought two apartments to put his wife's name on the ownership documents, as a joint owner was sufficient to show that he transferred an ownership interest to his wife.

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