Category: Landlord-Tenant

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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MD Construction Subcontractors Beware!

Maryland Construction Subcontractors Beware The Maryland Construction Trust Statute Does Not Apply to Everyone C & B Constr., Inc. v. Dashiell, No. 76, SEPT.TERM,2017, 2018 WL 3619390, at *2 (Md. July 30, 2018) The Court of Appeals has reaffirmed that subcontractors on construction sites in the State of Maryland have an uphill battle when it comes to holding general contractors accountable under the Maryland Construction Trust Statue. As previously held by the COA, the purpose of the Construction Trust Statute was to protect subcontractors from dishonest practices by general contractors and other subcontractors for whom they might work. In keeping with the purpose to ensure that funds disbursed by an owner or contractor for payment to a subcontractor for work done are paid to the subcontractor, the statute imposed personal liability on the directors, officers, and managing agents of a contractor corporation when they improperly use the funds held in

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Money Judgments from Breach of Lease

Money Judgments Resulting from Breach of a Residential Lease between Landlord and Tenant Ben-Davies v. Blibaum & Assocs., P.A., 457 Md. 228, 177 A.3d 681 (2018) In a lengthy opinion, the Court of Appeals of Maryland held that, where landlord sues tenant for breach of contract based on residential lease, and the trial court enters judgment in landlord’s favor against tenant that includes damages for unpaid rent and other expenses, a post-judgment interest rate of 6% applies pursuant to Md. Code Ann., Cts. & Jud. Proc. (1974, 2013 Repl. Vol.) 11-107(b). The case arrived at the Court of Appeals with amicus briefs filed on behalf of the Appellant tenant by Civil Justice, Inc., the Maryland Volunteer Lawyers Service, and the Public Justice Center. At issue was a residential apartment lease which had ended after the residence was prematurely vacated. The landlord’s representative sued the tenant in contract for breach of

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