District of Columbia, June, 2003, State Case law

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State Courts - District of Columbia - June 12 - June 18, 2003

Agomo v. Williams, Civil No. 02-0006520, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, June 12, 2003, Decided
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Overview: Automated traffic enforcement system, created by D.C. Code Ann. ? 55-2209.02, did not violate Due Process Clause; among other things, the private interest involved was small, complaint contained no concerns that could not be addressed through administrative or judicial process, and interest in deterring life-threatening activity was significant.

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Belcon Inc. v. D.C. Water & Sewer Auth., No. 01-AA-214, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Although dispute between contractor and District of Columbia was 18 years old, court remanded case to contract appeals board so board could address errors it made when considering contractor's claims seeking payment for work performed on contract.

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Cook v. Edgewood Mgmt. Corp., No. 00-CV-1011, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Evidence that included reputation in the neighborhood and cocaine buys made by an informer on the premises was sufficient to support jury determination that tenant's apartment was a drug haven and that she could be evicted.

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Hall v. Carter, No. 01-CV-988, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Where a jury found that a patient gave informed consent for surgery, it could not find that doctor had last clear chance to prevent patient's injury. Because doctor was not initially found to be negligent, last clear chance doctrine was inapplicable.

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In re Chasnoff, No. 01-BG-1578, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Based on the attorney's misconduct in Maryland, which included failing to act with diligence and failing to respond to disciplinary authorities, the attorney was suspended for 90 days as reciprocal discipline in the District of Columbia.

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Joyner v. Sibley Mem. Hosp., No. 01-CV-124, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Assault and battery count and false imprisonment count had to be presented to the District of Columbia Department of Employment Services for consideration, as it had primary jurisdiction, but outright dismissal of the counts was error.

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Krause v. D.C. Dep't of Empl. Servs., No. 02-AA-725, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: The director's decision to deny workers' compensation benefits was vacated and remanded as it was not clear how the employee's decision alone to leave the employer severed the causal link between his injury and the original employer.

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Richardson v. Nationwide Mut. Ins. Co., No. 01-SP-1451, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: Under District of Columbia law, an absolute exclusion from comprehensive general liability coverage for pollution hazards included only those types of pollution defined in environmental legislation.

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Walsh v. D.C. Bd. of Appeals & Review, No. 01-AA-1053, DISTRICT OF COLUMBIA COURT OF APPEALS, June 12, 2003, Decided
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Overview: The department of consumer and regulatory affairs erred in finding that the landlord's house was a multiple dwelling unit. The house did not meet the definition of dwelling unit, as it provided a common kitchen rather than a kitchen in each unit.

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Cropp v. Williams, Civil Action No. 03ca4569, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, June 18, 2003, Decided
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Overview: Because the city council members enacted legislation that was "nullified" by the mayor's refusal to execute the legislation and because the council members had no further legislative recourse, the members had "legislative standing" to sue the mayor for declaratory and injunctive relief.

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