Justia Injury Law Opinion Summaries

Appellants Marilyn Kubichek and Dorothy Baldwin were injured on October 11, 2019, when they were struck by a Segway operated by Eduardo Samonte during a guided tour run by Unlimited Biking Washington, D.C., LLC. They filed two complaints on December 30, 2022, alleging negligence by Samonte and failure to train and supervise by Unlimited Biking. The complaints were filed after the three-year statute of limitations for negligence had expired.The Superior Court of the District of Columbia consolidated the two cases and granted Samonte's motion to dismiss, concluding that the COVID-19 emergency orders did not toll the statute of limitations for the appellants' claims. The court determined that the tolling orders only applied to deadlines that fell within the tolling period or arose from claims that accrued during the tolling period. Since the Segway accident occurred before the tolling period began and the statutory deadline was after the tolling period expired, the court ruled that the limitations period was not tolled.The District of Columbia Court of Appeals reviewed the case and affirmed the Superior Court's decision. The Court of Appeals held that the statute of limitations is an affirmative defense that must be raised by the defendant and should not be raised sua sponte by the court. However, in this case, the trial court did not act entirely sua sponte because Samonte had asserted the limitations defense, and the appellants had the opportunity to litigate the issue. The Court of Appeals also confirmed that the Superior Court's tolling orders during the COVID-19 pandemic did not toll the limitations period for the appellants' negligence claims, as the orders only applied to deadlines that expired during the emergency period, which was not the case here. The dismissal of the complaints was affirmed. View "Kubichek v. Unlimited Biking Washington, DC, LLC" on Justia Law

Appellant Yvonne Gant sued The Lynne Experience LTD (TLE) and Giant Foods, LLC (Giant) for negligence after allegedly being struck and injured by a golf cart operated by a TLE employee. Gant claimed that TLE and Giant failed to properly train and supervise their employees, leading to her injuries. TLE moved to dismiss the case, arguing that the District of Columbia’s Workers’ Compensation Act (WCA) provided Gant’s exclusive remedy, thus removing the court’s jurisdiction over the matter. The Superior Court agreed, dismissing Gant’s claims against TLE with prejudice, and later granted summary judgment in favor of Giant, finding no employer-employee relationship that could support Gant’s negligence claim.The Superior Court determined that the WCA provided Gant’s exclusive remedy and that the District of Columbia Department of Employee Services (DOES) had primary jurisdiction over her claims. The court dismissed Gant’s claims against TLE with prejudice, reasoning that any claim under the WCA would be time-barred. Subsequently, the court granted summary judgment for Giant, based on undisputed evidence that Giant was merely a sponsor of the event and had no role in managing or supervising the staff involved.On appeal, Gant argued that TLE failed to secure payment of compensation as required by the WCA and that she should be allowed to maintain her civil action. Alternatively, she requested a stay to present her claim to DOES. The District of Columbia Court of Appeals agreed that the WCA appeared to provide Gant’s exclusive remedy but held that the Superior Court should have dismissed her claim without prejudice. The court affirmed the summary judgment in favor of Giant, noting that Gant failed to present any arguments against it on appeal.The main holding by the District of Columbia Court of Appeals was that the Superior Court should have dismissed Gant’s claim against TLE without prejudice, allowing her the opportunity to pursue her claim with DOES. The court affirmed the summary judgment for Giant, as there was no evidence to support an employer-employee relationship necessary for Gant’s negligence claim. View "Gant v. The Lynne Experience, LTD" on Justia Law

Carolyn Greene visited her grandson at Children’s National Medical Center and slipped in a hallway, allegedly due to liquid left by a floor scrubbing machine operated by a hospital custodian. Greene claimed there were no warning signs and sustained severe injuries from the fall. She sued the hospital for negligence, asserting that the hospital's employee created the hazardous condition.The Superior Court of the District of Columbia granted summary judgment in favor of the hospital, concluding that Greene failed to raise a genuine issue of material fact regarding whether the hospital was on notice of the wet floor. The court found that Greene's claims were speculative and lacked sufficient evidence to prove that the liquid was left by the scrubbing machine.The District of Columbia Court of Appeals reviewed the case and reversed the lower court's decision. The appellate court held that Greene presented enough evidence for a reasonable jury to conclude that the hospital's employee created the dangerous condition. This included Greene's testimony about the liquid and the scrubbing machine, expert testimony supporting her claims, and inconsistencies in the custodian's account. The court emphasized that the evidence should be viewed in the light most favorable to Greene, the non-moving party, and that credibility determinations are for the jury to decide.The appellate court concluded that a jury could reasonably find that the hospital was on constructive notice of the hazard created by its employee, thus making summary judgment inappropriate. The case was remanded for trial. View "Greene v. Children's National Medical Center" on Justia Law