District of Columbia, April, 2009, State Case law

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State Courts - District of Columbia - April 2 - April 23, 2009

Egbuka v. United States, No. 99-CF-1700, DISTRICT OF COLUMBIA COURT OF APPEALS, April 2, 2009, Decided
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Giordano v. Sherwood, No. 05-CV-651, DISTRICT OF COLUMBIA COURT OF APPEALS, April 2, 2009, Decided
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Overview: Surgeon in medical negligence case was granted judgment as matter of law, as patient's expert, who indicated he did not see how injury could have occurred other than with some kind of negligence, conceded operative report was within standard of care, and there was no evidence surgeon committed mistakes expert hypothesized might have caused injury.

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McNair Builders, Inc. v. 1629 16th St., L.L.C., No. 07-CV-1307, DISTRICT OF COLUMBIA COURT OF APPEALS, April 2, 2009, Decided
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Overview: It was proper to grant an owner summary judgment in a contractor's action to enforce a mechanic's lien because the lien notice was defective under D.C. Code ? 40-301.02 for naming the wrong owner and misdescribing the property. When the contractor filed the mechanic's lien the record owner of the lots had changed, and the property was renumbered.

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Upton v. Henderer, Nos. 07-CV-456, 07-CV-966, DISTRICT OF COLUMBIA COURT OF APPEALS, April 9, 2009, Decided
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Overview: Judgment was affirmed as costs under D.C. Super. Ct. R. Civ. P. 68 had same meaning as costs under D.C. Super. Ct. R. Civ. P. 54--costs awardable under 28 U.S.C.S. ? 1920. Fact that driver incurred expenses greatly exceeding what operator recovered in litigation could not dictate proper reading of Rule 68.

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In re Cinquegrani, No. 08-BG-1300, DISTRICT OF COLUMBIA COURT OF APPEALS, April 15, 2009, Filed
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In re Stone, No. 08-BG-1596, DISTRICT OF COLUMBIA COURT OF APPEALS, April 15, 2009, Filed
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K.R. v. C.N., No. 05-FM-371, DISTRICT OF COLUMBIA COURT OF APPEALS, April 15, 2009, Decided
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Overview: Because the appellate court could not know if a child should remain in an aunt's custody, the matter was remanded for a hearing pursuant to D.C. Code ? 16-831.02(a)(1) (2008 Supp.) wherein the trial court was to determine if the statutory prerequisites had been satisfied and if continued custody with the aunt was in the child's best interest.

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In re Lea, No. 06-BG-188, DISTRICT OF COLUMBIA COURT OF APPEALS, April 23, 2009, Decided
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