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285 A.2d 310 (1971) | Cited 559 times
... HOOD, Chief Judge: Petitioner, a juvenile of 17 years of age, was taken into custody by a police officer shortly after midnight and later in the same day taken to the Juvenile Branch of the Family Division of the Superior Court. There, on the basis of a complaint filed with the Intake Section, he ...
398 A.2d 354 (1979) | Cited 440 times
... NEWMAN, Chief Judge: Appellants, seeking reversal of their convictions for kidnapping, robbery, sodomy, assault, and attempted murder, advance numerous claims of reversible error. Concluding that the trial court committed reversible error in denying appellants' motions for severance, we need not -- ...
362 A.2d 706 (1976) | Cited 299 times
... HARRIS, Associate Judge: A jury found appellant guilty of burglary in the first degree, D. C. Code 1973, § 22-1801(a), and two counts of assault with a dangerous weapon, Id. § 22-502. In an opinion issued November 26, 1974, a division of this court, by a vote of 2-1, reversed the convictions and ...
654 A.2d 1285 (1995) | Cited 274 times
... SCHWELB Associate Judge: In this reciprocal disciplinary proceeding against respondent George J. Goldsborough, a member of our Bar since 1953, the Board on Professional Responsibility has recommended that this court suspend Goldsborough from practice for two years and that we condition ...
484 A.2d 958 (1984) | Cited 220 times
... ROGERS, Associate Judge: The controversy in this case arises out of the employment contract of Dr. Marie Best, appellee-cross-appellant, with Howard University. The primary issues raised in this appeal concern Dr. Best's claims of breach of contract, sex discrimination, and intentional infliction ...
612 A.2d 832 (1992) | Cited 217 times
... On Report and Recommendation of the Board on Professional Responsibility TERRY, Associate Judge: On January 5, 1987, respondent Zilberberg, an attorney, was suspended from the practice of law in the state of Virginia for three years. The Virginia State Bar Disciplinary Board found that Mr. ...
470 A.2d 751 (1983) | Cited 188 times
... FERREN, Associate Judge: The trial court dismissed appellant's petition challenging a District of Columbia use tax assessment, concluding that the court lacked jurisdiction because the petition was not timely filed pursuant to D.C. Code § 47-2403 (1973). 1 A division of this court, in an ...
408 A.2d 31 (1979) | Cited 185 times
... NEWMAN, Chief Judge : This is an appeal from summary judgment for the defendants in a libel action brought by Ralph Nader against journalist Ralph de Toledano and his syndicator, Copley Press, Inc., for statements made by de Toledano in a column distributed by Copley. In determining whether summary ...
456 A.2d 807 (1983) | Cited 180 times
... BELSON, Associate Judge: This is an appeal by Robert M. Holland, Thomas W. Holland, and Robert D. Weaver ("landlords") 1 from an order of the trial court granting the motion of Norbrick Realty Company, William T. Hannan, et al. ("tenants") 2 for summary judgment and denying landlords' ...
453 A.2d 110 (1982) | Cited 158 times
... TERRY, Associate Judge: This is an appeal from a judgment for the defendants in an action for battery, false imprisonment, and defamation. Appellant alleged in her amended complaint that she purchased two items of merchandise in a drug store and was about to leave the store when she was accosted by ...
697 A.2d 1212 (1997) | Cited 156 times
... Before us for disciplinary action is the case of an attorney whose behavior constituted an "egregious failure to cooperate" with Bar Counsel's investigation of a disciplinary complaint. Neither Respondent nor Bar Counsel has filed exceptions to the recommendation of a majority of the Board on ...
579 A.2d 190 (1990) | Cited 151 times
... This matter was originally before the court on the Report and Recommendation of the Board on Professional Responsibility (the Board). The Board unanimously found that respondent Addams violated DR 9-103 (A) (misappropriation) and DR 1-102 (A)(4) (dishonesty) as a result of intentionally ...
388 A.2d 846 (1978) | Cited 132 times
... NEWMAN, Chief Judge: Appellants were convicted by a jury of conspiracy to commit first-degree murder and of solicitation to commit a felony, to wit: first-degree murder. On appeal they each claim: (1) that prejudicial error resulted from the procedures utilized by the trial court in admitting into ...
641 A.2d 469 (1994) | Cited 125 times
... SCHWELB, Associate Judge: In this medical malpractice case, the trial Judge granted summary judgment in favor of the defendants, Georgetown University Hospital and Thomas C. Lee, M.D., holding, inter alia, that the action was barred by the District's three-year statute of limitations. A divided ...
520 A.2d 255 (1987) | Cited 123 times
... MACK, Associate Judge: Three police officers, armed with a search warrant, seized heroin, cocaine and a loaded pistol from an apartment in Northeast Washington. Appellants Patricia Curry, James Jones and Wayne Washington were each charged with possession of heroin with intent to distribute, 1 ...
565 A.2d 26 (1989) | Cited 121 times
... Opinion for the court by Associate Judge SCHWELB. Dissenting opinion by Associate Judge NEWMAN. SCHWELB, Associate Judge: I THE CASE These consolidated appeals arise out of the shooting and wounding of an undercover police officer who was investigating illicit drug activity and attempting to ...
415 A.2d 1070 (1980) | Cited 119 times
... KELLY, Associate Judge: Appellant Chandra W. Waldon appeals the dismissal on August 22, 1977, of her complaints against appellees Ann Covington, Eugene Wiggins, Julius Mack, Ronald Williams, Wendell Russell, and the District of Columbia Board of Higher Education (BHE), now the Trustees of the ...
407 A.2d 555 (1979) | Cited 119 times
... NEWMAN, Chief Judge : Appellant Morrison, a plaintiff in a medical malpractice action in the trial court, challenges a judgment in favor of appellees, a nationally certified medical laboratory and a medical technician. He contends that the trial court erred in denying his requested jury instruction ...
597 A.2d 28 (1991) | Cited 118 times
... Appellant Adams sued George W. Cochran & Company ("Cochran"), his former employer, for wrongful discharge after Cochran had fired him for refusing to drive a truck that lacked a required inspection sticker. Adams sought lost wages and damages for emotional distress. When Cochran moved for summary ...
443 A.2d 33 (1982) | Cited 115 times
... GALLAGHER, Associate Judge, Retired: On May 6, 1977, Joseph and Virginia Sere filed suit in the Superior Court against the Blue Cross and Blue Shield Associations and their respective member plans, Group Hospitalization, Inc. (GHI) and Medical Service of the District of Columbia (MSDC). Mr. Sere, ...
442 A.2d 159 (1982) | Cited 114 times
... PRYOR, Associate Judge: On the evening of September 10, 1976, a detective of the Metropolitan Police Department, while acting in the course of duty in Southeast Washington, fired his service revolver, causing the death of George White. In this suit brought by the decedent's wife and two minor ...
984 A.2d 181 (2009) | Cited 113 times
... Argued September 24, 2009 Before BLACKBURNE-RIGSBY and THOMPSON, Associate Judges, and SCHWELB, Senior Judge. Tsintolas Realty Company (the landlord) appeals from an order of the Superior Court granting the motion of Maria L. Mendez and Oscar A. Aragon (the tenants) to enforce a settlement ...
434 A.2d 988 (1981) | Cited 109 times
... PER CURIAM: This is an appeal from an order entered by the trial court granting the motion of appellees Baxter, et al. (hereinafter appellees) to quash service of process on the ground that the court could not permissibly exercise personal jurisdiction over appellees. 1 Appellant contends that ...
355 A.2d 808 (1976) | Cited 109 times
... HARRIS, Associate Judge: On May 23, 1975, by a vote of 2-1, a division of the court released an opinion in this case reversing the trial court's order which had granted appellees' motion to quash service of process and dismiss appellant's complaint on the ground that the court lacked in personam ...
492 A.2d 580 (1985) | Cited 107 times
... ROGERS, Associate Judge: Appellant, Mrs. Mary Vassiliades, sued her plastic surgeon, Csaba Magassy, M.D., and Garfinckel's, Brooks Brothers, Miller & Rhoades, Inc. (Garfinckel's), for invasion of privacy on several theories because the doctor used "before" and "after" photographs of her cosmetic ...
430 A.2d 1321 (1981) | Cited 105 times
... NEWMAN, Chief Judge: These consolidated appeals present us, for the first time, with the question of the constitutionality of the District of Columbia pretrial detention statute, D.C. Code 1973, § 23-1322, under which a suspect arrested for certain enumerated offenses may be detained for up to 60 ...
412 A.2d 1160 (1979) | Cited 104 times
... KELLY, Associate Judge. On June 3, 1974, respondent Charles W. Colson, former White House Aide and Special Counsel to then President Richard M. Nixon, pleaded guilty before Judge Gerhard Gesell of the United States District Court for the District of Columbia to a violation of 18 U.S.C. § 1503 ...
546 A.2d 414 (1988) | Cited 104 times
... SCHWELB, Associate Judge: Almost half a century ago, long before Glasnost and Perestroika, a famous statesman with a gift for words described the Soviet Union as "a riddle wrapped in a mystery inside an enigma." 1 The future prime minister's description of a then inscrutable nation would have ...
580 A.2d 1011 (1990) | Cited 103 times
... This is a consolidated appeal arising from a jury verdict in favor of Bessie A. Stockard on claims of slander and breach of contract against defendants Orby Z. Moss, Jr., the Athletic Director of the University of the District of Columbia, the Board of Trustees of the University of the District of ...
394 A.2d 1 (1978) | Cited 102 times
... PER CURIAM: On August 15, 1973, seven individuals were each indicted by a grand jury on twenty-three counts of murder, assault, robbery, burglary, and conspiracy to commit the substantive offenses. 1 The charges arose out of events culminating in the deaths of seven persons at 7700 16th Street, ...
485 A.2d 199 (1984) | Cited 101 times
... WERTHEIM, Associate Judge: In this action between a commercial landlord and its trade association tenant, the landlord appeals from a mandatory injunction requiring specific performance of the landlord's obligations to consent to a sublease. The dispute centers on the tenant's right to exercise an ...
412 A.2d 948 (1980) | Cited 101 times
... FERREN, Associate Judge: Michael Jackson and his parents appeal from an order granting summary judgment on all their claims derived from a mistaken arrest of Michael by District of Columbia police and federal agents. The Jacksons contend that (1) the trial court improperly considered a defense of ...
418 A.2d 127 (1980) | Cited 100 times
... MACK, Associate Judge: After a jury trial, appellant was convicted of second-degree burglary (D.C. Code 1973, § 22-1801) and destruction of private property (D.C. Code 1973, § 22-403). On Appeal, he raises one principle issue: whether comments by the prosecutor during rebuttal argument constituted ...
534 A.2d 919 (1987) | Cited 99 times
... TERRY, Associate Judge: In this disciplinary case, the Board on Professional Responsibility ("the Board") found that respondent Hutchinson's untruthful testimony before the Securities and Exchange Commission (SEC) in February 1982 was conduct involving moral turpitude that adversely reflected on ...
408 A.2d 364 (1979) | Cited 99 times
... FERREN, Associate Judge : A jury found appellant Paula Frendak guilty of first-degree murder, D.C. Code 1973, § 22-2401, and carrying a pistol without a license, D.C. Code 1973, § 22-3204. Troubled by evidence introduced at Frendak's competency hearings and at trial, the court conducted hearings on ...
377 A.2d 57 (1977) | Cited 99 times
... NEBEKER, Associate Judge: This is an appeal from a grant of summary judgment on cross-motions for that relief. The unverified complaint alleged that certain fraudulent misrepresentations and omissions attributable to appellees were made to appellants in connection with the latters' purchases of ...
503 A.2d 1215 (1985) | Cited 98 times
... TERRY, Associate Judge: Petitioner seeks reinstatement as a member of the bar of the District of Columbia after having been suspended for several disciplinary violations. The hearing committee which held a hearing on her petition for reinstatement, the Board on Professional Responsibility, and Bar ...
635 A.2d 908 (1993) | Cited 97 times
... SCHWELB, Associate Judge: In the early morning hours of Sunday, June 26, 1989, in the aftermath of a domestic dispute with his girlfriend, Barrie (Bambi) Kerns, Garcia L. Etheredge was shot in the back by Officer Brian Paige of the Metropolitan Police Department (MPD) at the home of Ms. Kerns' ...
377 A.2d 1353 (1977) | Cited 96 times
... NEWMAN, Chief Judge: Appellants Punch, Jackson, Alston and Coffield were jointly indicted, each charged with one count of carrying a pistol without a license and one count of possession of marijuana. Tried jointly by a jury, all were convicted of the weapons offenses but only Jackson was convicted ...
567 A.2d 43 (1989) | Cited 96 times
... SCHWELB, Associate Judge: Although understandably less popular with landlords, of whom there are relatively few, than with tenants, of whom there are many, rent "stabilization" and rent control have been around for a long time in the District of Columbia, and their death-knell on constitutional ...
683 A.2d 1087 (1996) | Cited 94 times
... The issues presented by this case lead us to reexamine the law of this jurisdiction concerning the admission of evidence of crimes other than the crime with which a defendant is charged. Having done so, we reaffirm the longstanding principle set forth in Drew v. United States 1 that evidence of ...
549 A.2d 1 (1988) | Cited 93 times
... ROGERS, Associate Judge: In this wrongful death and survival action, appellants Janie Toy and Diane Toy, the mother 1 and widow of the decedent William Toy, seek to reinstate a jury verdict in their favor. They contend on appeal that the trial court erred in entering a judgment notwithstanding ...
566 A.2d 31 (1989) | Cited 93 times
... Opinion for the court by Associate Judge SCHWELB. Associate Judge NEWMAN concurs in the results only. SCHWELR, Associate Judge: I THE CONTROVERSY This case requires us to explore the "Byzantine peculiarities" of the law of appellate jurisdiction over arbitration orders, see New England Power ...
513 A.2d 226 (1986) | Cited 93 times
... BELSON, Associate Judge: In this Bar discipline matter, we granted the respondent attorneys' petition for rehearing en banc and vacated the opinion of a division of this court suspending the attorneys from the practice of law for a year and a day. In re Reback and Parsons, 487 A.2d 235 (2-1 ...
431 A.2d 543 (1981) | Cited 92 times
... HARRIS, Associate Judge: Edmund J. Flynn Company, a real estate broker, appeals from the trial court's determination that it had no contract to serve as a commissioned sales agent for the developers of a condominium project in the District of Columbia. 1 In a cross-appeal, the defendants in the ...
715 A.2d 873 (1998) | Cited 91 times
... This case presents us with two related and consolidated appeals. The first, No. 96-CV-34, arises from an action for defamation and wrongful discharge which was brought by Katherine T. Wallace, Ph.D., a former associate of the law firm of Skadden, Arps, Slate, Meagher & Flom, against the firm and ...
518 A.2d 423 (1986) | Cited 91 times
... NEWMAN, Associate Judge: To decide this appeal, we must determine when a cause of action "accrues" within the meaning of the statute of limitations in an action where the "discovery rule" applies. 1 Bussineau sued Georgetown for dental malpractice and breach of warranty. Georgetown sought ...
483 A.2d 1192 (1984) | Cited 90 times
... MACK, Associate Judge: The instant appeal reaches this court upon review of separate motions for summary judgment granted in favor of defendants-appellees. We hold that the motions were improperly granted, for two reasons. First, the trial court that granted the motions did so in contravention of ...
262 A.2d 344 (1970) | Cited 90 times
... NEBEKER, Associate Judge: These cases arise from a breach of a home-improvement contract to waterproof the basement of a home located in Maryland and belonging to the Fowlers. The contract, dated February 22, 1961, contained a handwritten statement providing that the "work" was guaranteed for 5 ...
587 A.2d 195 (1991) | Cited 89 times
... This case originated in 1983 as a debt collection action by May Department Stores (Hecht's) against Eugene Beard and Alberta Roberts to recover funds charged to a credit card in Beard's name. Beard counterclaimed against Hecht's, alleging in substance that the credit card had been fraudulently ...
407 A.2d 626 (1979) | Cited 88 times
... FERREN, Associate Judge: On the morning of February 23, 1976, D.Yusef Ibn-Tamas was shot to death in his house, where he maintained his office. His wife of three and one-half years, Beverly Ibn-Tamas (appellant), was charged with second-degree murder while armed, D.C. Code 1973, §§ 22-2403, -3202, ...
572 A.2d 1062 (1990) | Cited 88 times
... Opinion for the court by Associate Judge BELSON. Opinion Concurring in the result by Senior Judge REILLY. Opinion Concurring in part and Dissenting in part by Associate Judge FERREN, with whom NEWMAN, Associate Judge, and MACK, Senior Judge, join. BELSON, Associate Judge: The issue on appeal is ...
402 A.2d 36 (1979) | Cited 86 times
... FERREN, Associate Judge : The District of Columbia Zoning Commission adopted a zoning map amendment (commercial C-1) to facilitate enlargement of a Safeway store on Wisconsin Avenue in Georgetown. The petitioner, Citizens Association of Georgetown, Inc., raises two substantial questions: (1) Did ...
650 A.2d 1329 (1994) | Cited 85 times
... BELSON, Senior Judge: This disciplinary matter is before this court on the report and recommendation of the Board on Professional Responsibility that reciprocal discipline be imposed on respondent. Bar Counsel supports the recommendation. We agree that the imposition of reciprocal discipline is ...
640 A.2d 656 (1993) | Cited 85 times
... FERREN, Associate Judge : This case presents the question whether a jury reasonably could find that actions by two government agency supervisors, Robert King and Raymond Lambert, amounted to "extreme and outrageous conduct," justifying liability for intentional infliction of emotional distress on ...
650 A.2d 1329 (1994) | Cited 85 times
... BELSON, Senior Judge: This disciplinary matter is before this court on the report and recommendation of the Board on Professional Responsibility that reciprocal discipline be imposed on respondent. Bar Counsel supports the recommendation. We agree that the imposition of reciprocal discipline is ...
613 A.2d 916 (1992) | Cited 85 times
... SCHWELB, Associate Judge: Hercules & Co. (Hercules), appeals from the confirmation of an arbitration award issued in favor of Shama Restaurant Corp., et al. (Shama). 1 Hercules contends that its dispute with Shama was not arbitrable (and therefore that the award was not properly confirmed) ...
317 A.2d 530 (1974) | Cited 84 times
... NEBEKER, Associate Judge: The court, sua sponte, reheard this case en banc to consider a renewed attack on the traditional and so-called Allen charge. 1 Appellant's point, as he views that instruction, is that it unconstitutionally invades the province of the jury and thus denies a trial by jury. ...
397 A.2d 951 (1979) | Cited 82 times
... MENCHER, Associate Judge: This case presents the question of whether Judges of the Superior Court of the District of Columbia, pursuant to the provisions of D.C. Code 1973, § 16-710, have authority to impose a split sentence, i.e., a sentence on one count which imposes a term of incarceration, ...
680 A.2d 364 (1996) | Cited 81 times
... The judgment of the trial court is affirmed pursuant to Part II of Judge RUIZ's opinion, the concurring opinion of Judge KERN, and Part I of the opinion of Judge FERREN concurring in the judgment. This appeal presents the question whether the law imposes upon the plaintiff a different duty of care ...
581 A.2d 315 (1990) | Cited 81 times
... Appellant was convicted by a jury on one count of sodomy, D.C. Code § 22-3502 (1989), and one count of tampering with physical evidence, id. § 22-723. On appeal, he challenges the trial court's refusal to permit him to cross-examine the complaining witness about her previous allegations of sexual ...
602 A.2d 154 (1992) | Cited 80 times
... On Rehearing En Banc Opinion for the majority by Senior Judge BELSON. Opinion Concurring in part and Dissenting in part by Associate Judge WAGNER. Dissenting opinion by Chief Judge ROGERS, with whom SENIOR JUDGE MACK concurs. BELSON, Senior Judge: A jury convicted appellant Thomas E. Harris of ...
550 A.2d 37 (1988) | Cited 80 times
... I SCHWELB, Associate Judge: Appellant D.D. (the mother) asks us to reverse a judgment holding her in civil contempt for noncompliance with a court-approved Stipulation and/or Order 1 directing that the passport of her son L.T., now seven years of age, be held in escrow by her counsel until ...
484 A.2d 579 (1984) | Cited 80 times
... TERRY, Associate Judge: In this medical malpractice action a doctor appeals from a Superior Court judgment on a verdict in favor of his patient. We held that because the plaintiff, Mrs. Shepard, offered no evidence of the standard of care owed to her by Dr. Meek, she failed to establish a prima ...
581 A.2d 771 (1990) | Cited 79 times
... I THE PROCEEDINGS This is not a pleasant case. The consolidated appeals before us are from the trial court's Disposition of a child neglect proceeding which had its inception in the repeated sexual abuse of S.G., now twelve years of age, by her stepfather, J.B. 1 The abuse began in the spring ...
509 A.2d 619 (1986) | Cited 79 times
... TERRY, Associate Judge: On August 12, 1981, thirteen-year-old Daniel Allen was admitted to the Psychiatric Institute of Washington ("the Institute"), a private psychiatric hospital. One month later, on September 12, an Institute employee walked into Daniel's room and found him lying on the floor ...
468 A.2d 958 (1983) | Cited 79 times
... NEBEKER, Associate Judge: Appellant was tried for and convicted of a single count of possession of heroin. D.C. Code § 33-402 (1981). On appeal, he challenges the trial court's asserted failure to caution the jury properly on the limited use of purported "other crimes" evidence. See Drew v. United ...
468 A.2d 1306 (1983) | Cited 78 times
... GALLAGHER, Associate Judge, Retired: In an action for negligence and wrongful death against the District of Columbia, a jury returned a verdict in favor of appellants on March 6, 1979. On April 20, 1979, the trial court granted the District of Columbia's motion for judgment notwithstanding the ...
345 A.2d 456 (1975) | Cited 78 times
... KELLY, Associate Judge: Appellee's complaint in the trial court against the 1901 Wyoming Avenue Cooperative Association 1 was based upon the Association's alleged failure to repair the plumbing in her cooperative apartment, a service she claimed was her due under a Mutual Ownership Contract 2 ...
593 A.2d 621 (1991) | Cited 77 times
... On Petition For Rehearing Appellant Patricia Thompson, an employee of the Northeast branch of the District of Columbia Public Library, sued the District and her supervisor, Alfred Maury, for intentional infliction of emotional distress, defamation, and assault and battery. On February 12, 1990, ...
482 A.2d 801 (1984) | Cited 77 times
... ROGERS, Associate Judge: In this appeal from an order granting summary judgment in favor of appellee and the denial of appellants' motion to reconsider that order, we hold that appellants' motion for reconsideration was filed under Superior Court Civil Rule 59(e), and that the motion was timely ...
365 A.2d 64 (1976) | Cited 77 times
... HARRIS, Associate Judge: This is an appeal from a conviction of first-degree murder in which the defense of insanity was unsuccessful. Appellant contends that the trial court erred (1) in refusing to instruct the jury according to both the American Law Institute's standard for an insanity defense ...
702 A.2d 159 (1997) | Cited 77 times
... We granted appellant's petition for rehearing en banc to consider her contention that the narrow public policy exception to the employment-at-will doctrine which we first recognized in Adams v. George W. Cochran & Co., 597 A.2d 28, 32 (D.C. 1991), should be expanded to include the rights of ...
389 A.2d 811 (1978) | Cited 76 times
... NEWMAN, Chief Judge: Appellant was convicted after a jury trial of kidnapping while armed, armed robbery, and two counts each of carrying a pistol without a license and unauthorized use of a vehicle. On appeal he alleges the abridgment of his Sixth Amendment right to counsel by the trial court's ...
310 A.2d 857 (1973) | Cited 76 times
... KELLY, Associate Judge: Some years ago Margaret Graves, individually and as next friend of Linwood Lawrence Graves, her minor son, used the District of Columbia on a complaint charging it, through several of its police officers, with an assault and battery on and a false arrest of the minor ...
358 A.2d 335 (1976) | Cited 76 times
... PAIR, Associate Judge, Retired: Charged in two counts of an indictment with two separate rapes, 1 one on May 30, 1973, and the other on June 12, 1973, appellant was found guilty after a jury trial of each offense and consecutive sentences of five to fifteen years imprisonment were imposed. This ...
711 A.2d 812 (1998) | Cited 76 times
... A jury awarded Robert G. Homan $40,000 against Devinder Goyal as compensatory damages for intentional infliction of emotional distress. On January 18, 1996, in a written order, the trial judge granted Goyal's motion for judgment notwithstanding the verdict (JNOV). On appeal, Homan contends that ...
520 A.2d 321 (1987) | Cited 75 times
... NEWMAN, Associate Judge: In this case of first impression, we must decide what effect Franklin Kersey's alcoholism should have upon the disciplinary sanctions imposed by this court for Kersey's twenty-four separate violations of the Code of Professional Responsibility. Kersey's misconduct, which ...
579 A.2d 177 (1990) | Cited 75 times
... This appeal and cross-appeal arise from a jury verdict in a medical malpractice action against the Washington Hospital Center (WHC or the hospital) in favor of LaVerne Alice Thompson, a woman who suffered permanent catastrophic brain injury from oxygen deprivation in the course of general ...
705 A.2d 624 (1997) | Cited 75 times
... Appellant Kerrigan, a former employee of Britches of Georgetowne, Inc. (Britches), brought suit against his former employer asserting causes of action for (1) discrimination, (2) defamation, (3) breach of the covenant of good faith and confidentiality, (4) intentional infliction of emotional ...
527 A.2d 1269 (1987) | Cited 75 times
... BELSON, Associate Judge : This appeal presents, among other issues, the question whether a widow, as her deceased husband's personal representative, was properly awarded damages for his death by suicide. We hold that the evidence did not bring this case within the limited category of cases in ...
553 A.2d 1232 (1989) | Cited 75 times
... FERREN, Associate Judge: Appellant sued his lawyer too late, according to the trial court. He now contends the three-year statute of limitations for legal malpractice in the drafting of a will does not begin to run until resolution of an appeal sustaining the trial court's invalidation of the will. ...
391 A.2d 1374 (1978) | Cited 74 times
... FERREN, Associate Judge: This is a false arrest and battery case. Plaintiff-appellant Melvin A. Marshall maintains, first, that the trial court's entry of judgment for defendant-appellee District of Columbia (District) at the close of plaintiff's case was erroneous because it was not supported by ...
597 A.2d 1318 (1991) | Cited 73 times
... On Rehearing En Banc This case involves an encounter between a lone police officer and the appellant, clutching in his hand something that "could possibly have been a weapon, a small knife, possibly a gun," on the third floor of an apartment building known for narcotics trafficking. We affirm the ...
376 A.2d 827 (1977) | Cited 73 times
... KERN, Associate Judge: A jury convicted appellant of armed robbery, D.C. Code 1973, §§ 22-2901, -3202, and possession of a prohibited weapon, D.C. Code 1973, § 22-3214(b). Appellant contends now that the judgment of conviction and his sentence of ten to thirty years' imprisonment must be set aside ...
488 A.2d 1314 (1985) | Cited 72 times
... ROGERS, Associate Judge: In these consolidated appeals, each appellant appeals his conviction by a jury of first-degree murder while armed (D.C. Code §§ 22-2401, -3202 (1981)), first-degree felony murder (in the course of two robberies), while armed (D.C. Code §§ 22-2401, -3202 (1981)), two counts ...
631 A.2d 354 (1993) | Cited 72 times
... TERRY, Associate Judge : Vernell Sutherland sued her former employer, Arthur Young & Company (hereafter "Young" or "Arthur Young"), 1 seeking damages for employment discrimination in violation of the District of Columbia Human Rights Act, D.C. Code §§ 1-2501 et seq. (1992) ("DCHRA"), for ...
499 A.2d 102 (1985) | Cited 71 times
... TERRY, Associate Judge: Petitioner seeks review of an order of the Department of Employment Services denying his claim for workers' compensation benefits. We find error in the Department's ruling, and accordingly we reverse. I Raymond Dell, the petitioner, was working as a bartender at the ...
424 A.2d 317 (1980) | Cited 71 times
... KELLY, Associate Judge: Appellants, mother and daughter, brought a civil action for assault and battery against a school janitor and for negligence against the principal, a teacher and a guidance counselor at the daughter's school, as well as against the District of Columbia as their employer, for ...
498 A.2d 567 (1985) | Cited 71 times
... NEWMAN, Associate Judge: Hughes petitions for review of a decision of the District of Columbia Department of Employment Services (DOES) that because his employment was not "principally localized in the District of Columbia" as required by The Workers Compensation Act (WCA), D.C. Code § 36-303 (a) ...
650 A.2d 1308 (1994) | Cited 71 times
... SCHWELB, Associate Judge: In this action for intentional and negligent infliction of emotional distress brought by Donna M. Drejza, a rape victim, against Michael J. Vaccaro, the police detective assigned to investigate the rape, the trial Judge granted Vaccaro's motion for summary judgment. The ...
564 A.2d 31 (1989) | Cited 71 times
... NEWMAN, Associate Judge: Milton Davis was convicted of carrying a pistol without a license, D.C. Code § 22-3204 (1981). He appealed, contending that the trial court had violated his fifth and sixth amendment rights to due process and to present witnesses by permitting a defense witness to refuse ...
477 A.2d 713 (1984) | Cited 70 times
... PRYOR, Associate Judge: On April 10, 1979, six year old Ronald Smith was struck -- while walking in a crosswalk -- by a car driven by David Tapscott. In a subsequent action for damages, the District of Columbia was joined as a party defendant. 1 This appeal stems from the jury's finding, by ...
584 A.2d 26 (1990) | Cited 70 times
... On Rehearing En Banc In these consolidated appeals, we are faced with the immediate question of what jury instructions for the crime of manslaughter are appropriate where a person dies as a result of bare-fisted blows to the face. Like an unraveling string, this inquiry has led to and necessitated ...
576 A.2d 1356 (1990) | Cited 70 times
... Respondent is a member of the bars of the State of New York and the District of Columbia. In 1984, in a disciplinary proceeding, the Appellate Division of the Supreme Court of New York determined that respondent was guilty of two charges dishonesty and misrepresentation arising out of his ...
452 A.2d 337 (1982) | Cited 69 times
... FERREN, Associate Judge: This case presents two principal questions: whether the trial court erred (1) in directing a verdict in favor of appellees, partners in the law firm of Williams & Connolly, 1 on the ground that appellant had failed to make out a prima facie case of legal malpractice or ...
441 A.2d 940 (1982) | Cited 69 times
... GALLAGHER, Associate Judge, Retired: On April 17, 1975, appellee Norman Coleman (Coleman), then a construction worker, was injured while working on the erection of the East Wing of the National Gallery of Art. As a consequence of his job-related injury, Coleman was paid workers' compensation ...
451 A.2d 615 (1982) | Cited 69 times
... PRYOR, Associate Judge: After a jury trial appellant was convicted of two counts of felony murder while armed, 1 two counts of premeditated murder while armed, 2 four counts of armed kidnapping, 3 and two counts of armed robbery. 4 Appellant argues (1) that the delay between arrest and ...
389 A.2d 781 (1978) | Cited 68 times
... MACK, Associate Judge: Appellant landlord seeks reversal of the judgment entered in favor of the appellee (plaintiff) in an action for unlawful eviction. He argues that the complaint failed to state a cause of action inasmuch as in evicting appellee, he was simply exercising the right of a ...
315 A.2d 163 (1974) | Cited 68 times
... FICKLING, Associate Judge: Appellants Raymond L. Smith and Walter R. Jeffries were convicted in a jury trial of assault with intent to kill while armed (D.C. Code 1973, §§ 22-501, 22-3202), assault with a dangerous weapon (D.C. Code 1973, § 22-502), and carrying a pistol without a license (D.C. ...