Month: May 2019

Plaintiff’s Wrongful Death and Survival Action can Proceed, as Triable issues exist as to Negligence and Last Clear Chance Doctrine

Patrick Donahue of Wise & Donahue, PLC obtained a favorable decision from the District of Columbia Court of Appeals which reversed the Trial Court’s grant of Summary Judgment in Defendant’s favor, in the action Estate of Harris v. United Parcel Services, et al., District of Columbia case CAB-5180-15.  The Court of Appeals reversed the award of summary judgment because there were triable issues regarding negligence and application of the “last clear chance” doctrine which should go to the jury. The case involved an action for wrongful death arising out of a motorcycle and truck collision.  On July 29, 2013, the appellee Reginald Bennett, a truck driver for United Parcel Service (“UPS”), was turning left when the delivery truck he was operating collided with a motorcycle operated by the deceased, Robert Harris.  Mr. Harris’ Estate (“Plaintiff”) brought an action against UPS and Bennett for wrongful death and survival.  The Estate was

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The D.C. Consumer Protection Procedures Act Applies Retroactively to Private Actions Brought by Tenants Against Landlords

David Wise and John Drudi of Wise & Donahue, PLC recently obtained a ruling in D.C. Superior Court that the District of Columbia Consumer Protection Procedures Act (DCCPA) applies retroactively to private actions brought by tenants against landlords. The DCPPA authorizes consumers to bring suits against merchants who employ trade practices that violate District of Columbia law. D.C. Code § 28-3905(k)(1)(A). Under the DCCPA, it is illegal for any person to: “ … (e) misrepresent as to a material fact which has a tendency to mislead.” D.C. Code §28-3904(e). The Act is violated “whether or not any consumer is in fact misled, deceived or damaged thereby”. A “consumer” for purposes of the DCPPA is “a person who … does or would purchase, lease (as lessee), or receive consumer goods or services.” Id. § 28-3901(a)(2). In the lawsuit, Wise & Donahue represented tenants who had rented an apartment unit from Defendants,

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