Practice Areas

Leonard Buscemi has been lead counsel prosecuting a broad range of cases on behalf of persons injured and the family members of those who died as a result of negligence and has been lead counsel in contract and trust and estate disputes, as well as, a wide variety of other cases.

If you have questions about Mr. Buscemi’s experience or areas of practice, please contact him at (703) 528-8477 or buscemilaw@aol.com

---

Cases

Below are brief summaries of past cases.

CASE RESULTS ALWAYS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. SPECIFIC PAST CASE RESULTS DESCRIBED ON THIS WEBSITE DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THIS OFFICE.

Negligence/Malpractice

Injection / Needle Trauma

A dentist damaged the cranial nerves during an anesthetic injection when he thrust the needle into the gum near the tempomandibular (jaw joint), causing the patient to feel an immediate, intense pain, electrical shock in the tongue, and to involuntarily lung forward from the chair into an upright position. The dentist with the syringe then pushed the patient back in the chair and plunged in the entire carpule of anesthetic fluid into the lower mandibular area.

All the medical experts agreed, the injury sustained as a result of this injection was the worst reported case of nerve damage caused by needle trauma, leaving the patient with permanent oral pain, a loss of speech, touch, taste, sensation, and general motor function of the tongue, as well as damage to the cranial nerves that included the trigeminal (sensory) and hypoglossal (motor) nerves.

This complex seven-year litigation involved two trials and an appeal. Over forty witnesses participated in the case, including multiple experts in anatomy, anesthesiology, neurology, oral medicine, oral surgery, speech pathology, economics, vocational disabilities, and American Sign Language.

The defense based its strategy entirely on the credibility of the defendant dentist who testified he remembered nothing about the injection and did not write any description in the patient's chart. The defendant argued that the injection did not occur as described by the patient, because he and his employees would have remembered such an extraordinary event. However, none of the dentist's employees could recall being present or if they were in a position to observe the injection. The dentist also attempted to present testimony of his past habit and custom of doing injections.

At the first trial, the trial judge excluded the three employees' testimony, because defendant established no evidentiary foundation that these separate witnesses remembered being present and in a position to observe this event. However, following post-trial Motion for Judgment Not Withstanding the Verdict, the first trial judge found his own initial ruling to be in error and ordered an entirely new trial that took place a year later before a second judge and jury.

The District of Columbia Court of Appeal, in a reported opinion, Hummer vs. Levin, et. Al., 673 A.2d 631 (DC 1996), ruled that the first trial judge was initially correct in excluding this negative evidence that lacked foundation and subsequently erred in granting a new trial.

The first trial ended with a $4 million verdict and the second trial ended with a $3.2 million verdict, which was immediately paid. Patient then appealed the judgment for $3.2 million and two years later, the Court of Appeal reversed the trial court's order for a new trial and reinstated the original jury verdict of $4 million. The defendant then paid an additional $1.2 million in judgment and interest for total payments of $4,400,000.00 in judgment and interest.

This case was also reported in the following publications:

• Washington Times, May 1, 1992, Dental Suit Yields $4 Million
• Montgomery Express, May 5, 1993, Chevy Chase Dentist to Pay $3.2 Million Suit
• Daily Washington Law Reporter, April 19, 1996, Negative Evidence
• Metro Verdicts Monthly, Volume 4, Number 7, page 243, April 1992
  Dental Malpractice Injection Nerve Damage
• Metro Verdicts Monthly Volume 5, Number 8, page 289, April 1993
  Dental Malpractice Injection Loss of Speech

Neonatology / Obstetrics / Wrongful Death

Controversial wrongful death case against two D.C. Roman Catholic hospitals (Georgetown and Providence) involving the abortion of a 22-week fetus and antepartum, intrapartum, and neonatal negligence of doctors and hospitals who failed to classify and plan for high risk pregnancy and complications in a Level 3 facility.

Mother care was assigned to a second year family practice medical school resident although a qualified obstetrician, neonatal physicians and proper diagnostic equipments where readily available that could have effectually monitored, examined, tested, and treated the mother and baby.

Hospital obstetrician in charge, without the mother's consent, purposely ruptured the membrane to hasten birth. He then dropped the baby into a metal pan causing a severe intracerebral hemorrhage and deprived the baby of oxygen and neonatal care for an hour. The baby died six hours later at Children's Hospital.

Doctors testified for Plaintiff regarding breach of the standard of care in failing to:

• Perform adequate vaginal examination
• Monitor fetal heart rate
• Perform sonogram examination
• Prescribe bed rest
• Administer cortisone to mature the infant's lungs by stimulating production of pulmonary surfactant, and
• Administer tocholytic agents to prevent further dilation and effacement of the cervix to maintain the fetus in utero, and extend gestation to a time closer to full term in order to promote further fetal maturity and enhance chance of survival.

Orthopedics

Fraudulent rotator cuff repair surgery committed on a 72-year old. Patient who had experienced pain for only three weeks with no MRI film review and no evidence of a rotator cuff tear, but with full health insurance coverage, was offered no conservative treatment option, such as cortisone injection. No tissue sample was taken or sent for pathological study.

A second surgery by another orthopedic surgeon to shave a bone spur that was causing the shoulder pain revealed that the coracoacronial ligament that was to have been repaired in the rotator cuff repair surgery was still intact without any evidence that a repair had ever taken place.

The malpractice trial against the first orthopedic surgeon occurred after his criminal conviction on perjury and tax evasion charges. The doctor was sent to federal prison to serve his term the day following his testimony in this civil case which settled while the jury was deliberating.

Shock Trauma / Emergency Surgery / Wrongful Death

Prosecuted wrongful death case against D.C. General Hospital on behalf of widow and children of a gas station manager shot by an armed robber.

Negligent inspection, treatment of thoracicoabdominal gunshot wound during exploratory laparotomy when the surgeon determined by palpation there to be a stellate laceration over the dome of the liver (2 in. long by 3 in. wide by 1.25 in. deep). Instead of gaining access and visualizing the wound to determine the full nature, extent, character, and track of the wound or the method of tamponade, the surgeon elected to merely place a drain and close and monitor the bleeding.

Lab results (PH, PO2, PCO2, PT, PTT, Platelets, HGB, HCT, WBC, RBC, NA Clorides, Carbon Dioxide, Potassium, Sodium, Bun, Glucose Calcium Creatinine, Fibrin, Split and Fibrogen) showed a steady decline in the patient's condition.

A timeline was created for the jury showing important activities and inaction by the hospital from 6:10 a.m. to 9:45 p.m., showing tremendous blood loss and input of blood products (5,450 ml of pack cells, fresh frozen plasma, whole blood and platelets), and demonstrating that the liver wound continued to bleed after surgery.

The hospital did not act on this available information until 8:50 p.m., over ten hours after the initial surgery when the patient was finally sent back for surgery in a futile attempt to repair the liver. By then the patient's physiological condition had deteriorated to the point where he had no chance of survival and was pronounced dead at 9:45 p.m.

Hospital / Nursing

On the morning following surgery for a total knee replacement, the patient was dropped by a nurse and occupational therapist when they attempted to make her standup and walk.

This attempted ambulation of the patient occurred after she had been infused with analgesics and anesthetics Fentyl and Bupivacaine, and after she had stated that she was not physically able to safely stand. She also complained of the numbness in her lower extremities and banged the nonoperative leg against the hospital bed several times to demonstrate to the nurse the numbing effects of the medication.

Standard of care nursing expert testimony regarding hospital chart entries demonstrated that the hospital nursing staff ignored physician's orders and requirements regarding post-surgical ambulation and their own assessment of patient's high, fall risk (consideration of age, size, weight, mental status, history, medications, impaired mobility, physical weakness, deformity, poor coordination, balance, sensation status of extremity and patient's perception of current condition).

Medical experts in nursing, orthopedics, neurology, and plastic surgery, gave opinions regarding the medical costs related to the fall, and the permanent limitation of motion, pain and peroneal neuropathy following three subsequent surgeries: 1) to irrigate, debride and close the wound, 2) to reconstruct the medial collateral ligament and an Achilles allograft (cadaver tissue) to strengthen the disrupted ligament, and 3) skin graft, scar revision.

Geriatric Care

On behalf of a conservator, prosecuted suit against geriatric care agency for its negligent screening and supervision of its employee, a home aide who stole over $492,000 from the checking account of the elderly, mentally incapacitated ward she was caring for. Home aide used some of the money to pay mortgage, maintenance, and improvements on her own home.

An expert and pioneer in the field of geriatric care management testified that the writing these checks by the home aide and the lack of supervision of activities in the home were a breach in the standard of care for the geriatric care management industry that the hires, trains, places and supervises such aides. Parties reached a lump-sum-settlement in this case with the mediation assistance of the presiding judge.

The home aide, indicted for grand larceny by a Grand Jury in the Arlington County Circuit Court, pled guilty to these charges. In a suit against home aide in Arlington County Circuit Court, a Decree on Default was entered and its was decreed, among other things, that monies converted to the benefit of her property created a constructive trust in her home in favor of the geriatric ward and directing her to execute forthwith a deed to convey title.

The home aide had attempted to sell her home by entering into a purchase contract with a third-party purchaser, however, conservator subsequently placed a lis penden on the property to stop the sale. The buyer instituted suit in City of Alexandria Circuit Court to force a sale and also placed a lis penden on the property to impede conservator from selling the property that had been deeded over to the conservator pursuant to the Arlington Circuit Court's decree. At a hearing on the motion for summary, the buyer and conservator agreed to a price, the case was settled and the house sold and those monies returned to the ward's estate.

These litigations involved a myriad of issues including legal issues of negligence, fraud, misrepresentation, conversion, equitable principles such as bona fide purchaser, constructive trust, accounting, injunction, breach of fiduciary duty and procedural issues such as lis penden, default and order to show cause why defendant should not be held in contempt for failing to comply with decree.

Dental Implant

Negligent pre-and post-operative care of two separate patients by periodontist who failed to obtain sufficient preoperative radiography (CT scan ) to measure position and anatomical relationship of neurovascular bundle to proposed implant thereby causing inferior alveolar nerve damage during drilling procedure that takes place prior to placement of an implant.

Beautician

Negligence suit on behalf of customer who sustained hair loss, chemical burn, scalp injury (contact dermatitis and relaxer alopecia) caused by beautician that failed to follow the product directions for a hair relaxer system (by Soft Sheen) containing sodium hydroxide (lye).

Dental Whitener

Sued manufacturer for defective product (applicator) and dentist for negligent application of highly caustic dental bleaching agent.

Pre-School Day Care

Assault by playmate, inadequate supervision.

Attorney

Failure to file personal injury lawsuit with in the Statue of Limitations.

Internal Medicine / Pulmonology

Failure to diagnose tuberculosis

---

Wrongful Death

Steam Boiler Explosion / Wrongful Death / Survival Action / Emotional Distress

D.C. area's largest real estate developer/manager sued for wrongful death and injury of two maintenance workers (uncle and nephew). A building's steam boiler exploded, causing 80% third degree burns and death three weeks later to one worker. The other worker, the decedent's nephew, suffered burns and witnessed his uncle sustain massive, horrid injury.

Liability of defendant for this explosion was based on a failure to inspect, follow proper cool down and manual procedures employed by qualified steamfitters in that industry.

The first trial judge granted Defendant's Motion for Summary Judgment. This decision was appealed and successfully reversed in D.C. Court of Appeals, Henderson vs. Charles E. Smith Management Co., 567 A.2d 462 (DC1988). Appellate issues included employer/employee control and standard of review for summary judgment.

The case was then tried before a jury which awarded $1.1 million verdict/judgment, which was promptly paid by the defendant.

Among the first cases in the District of Columbia to persuade a Superior Court jury to award damages based on the emotional distress of watching the serious injuring of a close relative. Williams vs. Baker, 572 A.2d 1062 (DC 1990) a D.C. Court of Appeals case that paved the way for the new tort. Reported in D.C. Legal Times, 10/15/90, "Million Dollar Verdict;" Metro Verdicts Monthly, Volume 2, Number 12, page 470, October 1990, "Worksite Accident Maintenance Workers Burns."

Also See

• Neonatology / Obstetrics / Wrongful Death
  under Negligence / Malpractice
• Shock trauma / Emergency Surgery / Wrongful Death
  under Negligence / Malpractice

---

Product Defect

Service Elevator

Three hospital employees involved in three separate accidents on the same Otis service elevator involving the following injuries:

First Accident: fracture to the transverse process of the first lumbar vertebra, sensory neuropathy, depression, emotional stress and precipitation of diabetic condition

Second Accident: complete obliteration of the intervertebral disk between the 4thand 5th lumbar vertebra, a compression fracture of the T-12 (thoraic) vertebral body, clinical depression, and chronic pain syndrome

Third Accident: rupture of the cervical intervertebral disk between the 6th and 7th cervical vertebra

All three cases tried before juries in the U.S. District Court for the District of Columbia returned with verdicts for each plaintiff that totaled $1.5 million.

Case required dynamic behavior, biomechanics and medical physics testimony from a reputed author/physicist and a mechanical engineer concerning time vs. speed, change and weight issues, and relationship of elevator's abrupt stop to gravitational forces sufficient to cause cervical disk herniation.

Two of the cases involved appeals before the U.S. Court of Appeals for the D.C. Circuit, Otis Elevator Company vs. Robinson, No. 867010 and Elsbery vs. Otis Elevator Company, No. 877210, concerning legal issues regarding strict liability, negligent design, manufacture, evidence of prior similar accidents, and res ipsa loquitur.

Another involved post-trial motion for remittitur and the extraordinary appellate procedural measure of writ of mandamus.

This triple triumph over the world's largest elevator manufacturer became subject of news articles in The Washington Times, July 31, 1987, "David Beats Goliath Third Time" and D.C. Legal Times, August 3, 1987 article "Ups and Downs".

Passenger Elevator

National Labor Relations Board employee injured when elevator rapidly accelerated, then rapidly descended, and then suddenly stopped. Defendant found to have failed to replace and maintain leveling and controller devices. Case reported in Metro Verdicts Monthly, Volume 6, Number 1, page 3, "Elevator Sudden Acceleration & Stop Maintenance," August 1993.

Bicycle

Suit was brought against several major bicycle manufacturers, including Schwinn when plaintiff's path bicycle frame collapsed leading to the loss of his spleen involving expert testimony from Virginia Tech Professor of Metallurgy concerning negligent metallurgic design and improper treatment of metallurgical compounds.

Bus

Suit against Washington Metropolitan Area Transit Authority (WMATA) on behalf of passenger injured due to defective door interlock safety device. The case was the subject of WUSA Channel 9 television interview and news report, April 24, 1987.

Employee Passenger Elevator

Client slipped and fell departing United State Department of Labor building in Washington D.C., involving issues of elevator company's failure to inspect and adjust door operating device.

Motorized Gate

Severely lacerated hand caused by defendant's defective design of retraction operator.

Teeth Whitener

Defective design of applicator for dental bleaching procedure.

---

Premises Liability

Pneumatic Door Closer

At FEMA headquarters in Washington, D.C. employee struck in the head by overheard door closing device that had dislodged from its mounting, sustaining head, neck, tempomandibular joint, and leg injuries. A federal jury trial (verdict $100,000.00) against door installer and building owner for negligent design, installation, inspection, and repair of door closing mechanism. The case was reported in Metro Verdicts Monthly, Volume 2, Number 2, page 41, September 1989, "Premises Liability Office Plaza Detached Door, Federal Center Plaza."

Park

Federal Tort Claim against United States Park Service, Hains Point, Washington, DC where teenager student sustained severe laceration from broken glass at Awakening statue, a well-known landmark and tourist destination commonly known to be used as a play slide. The injuries involved: reconstructive plastic microsurgery of median nerve, 3 flexor digitorum superficialis tendons; loss of thenar eminence due to atrophy, narrowing web space or narosimian palm; and diminished fine motor manipulation, protective response and grip.

Pedestrian Walkway / Construction Site

Chunk of hard concrete fell from a high-rise apartment building under construction on busy Washington, DC street, striking a pedestrian and fracturing her 4th metatarsal bone. The pedestrian pathway where the accident occurred was located next to the construction site and consisted only of a fence and Jersey barrier and provided no overhead protection. Filed suit on behalf of pedestrian against general contractor for failing to adhere to work zone safety requirements, Manual on Uniform Traffic Control Devices (MUTCD) standards concerning construction, detour signage and protective barriers, walkways designed to provide sturdiness, adequate light for proper sight distance, adequate impact resistant, longitudinal separation from vehicles, etc.

Sidewalk

Construction contractor's negligent inspection and maintenance of construction site caused elderly pedestrian to break a hip when she slipped and fell on rough, uneven terrain produced by dried mud.

Lead Paint

Defense of estate/owner of vacant D.C. townhouse in multimillion dollar lead paint intoxication litigation involving issues and experts in environmental safety, epidemiology, child development, education, and neuropsychology.

Guardrail

Represented elevator mechanic/plaintiff in (Mr.Buscemi's) first civil jury trial with $120,000.00 verdict and judgment for plaintiff against the defendant, Bellevue Hotel in Washington, D.C. based on negligence arising from an improper design and construction of the hotel's elevator machine room guardrail.

Stairs

Slippery, defective stairs caused building guest to fall and sustain a herniated lumbar disk, protrusion into neuroforamen, stenosis, and resulted in a posterior bilateral fusion surgery. The case involved neurosurgical/orthopedic expert testimony regarding causation and the diagnostic accuracy of MRI, CAT scan, and myelograms.

Construction Site

Subcontractor's employee slipped and fell on construction debris (steel reinforcement rod). Suit against general contractor for failure to maintain a safe workplace and OSHA violations.

Loading Dock/ Forklift

Truck driver standing on loading dock at Price Club injured by forklift negligently operated by Price Club employee.

Assault and Battery

Employee-driver and employer-lumber company sued for intentional assault when employee struck customer with clipboard fracturing his thumb.

Escalator

Mall escalator rail malfunctioned and made unexpected stop. Suit for failure to inspect, maintain, and adjust equipment.

Row House

During the demolition of interiors of seven contiguous turn-of-the-century row houses (being gutted for construction of a 16 unit condominium) a worker fell 25 feet when the second floor on which he was standing collapsed. Suit on behalf of the injured worker who sustained a compression fracture of his thoracic vertebra ensued against the developer/general contractor for OSHA violations including failure to obtain survey and plan by a competent structural engineer before commencing any demolition in this old, decayed structure. The case was settled before trial by mediation provided by the court.

Parking Lot

Debris from a car wreck that was left in apartment parking lot caused the plaintiff to slip and fall severely injuring his knee and requiring surgery and a long rehabilitation. Suit against building owner and maintenance company for negligently maintaining the parking lot and leaving the debris.

Roof

Construction worker fell through unguarded opening in roof causing lumbar disc injury. Case involved violations of the OSHA regulations (opening protection).

Balcony

Suit against condominium association on behalf of tenant who sustained head injury when cement dislodged from the balcony above and fell and struck the tenant's head.

Hallway

Plaintiff slipped and fell in an apartment building due to debris and poor lighting.

Motor Vehicle Inspection Station

Plaintiff slipped and fell on garage floor with excessive grease.

---

Vehicular Accidents

Auto / Truck

Obtained verdicts for plaintiffs husband/driver and wife/passenger who were in their vehicle, fully stopped at an intersection waiting for siren activated fire trucks to pass through the intersection when they were struck in the rear by a fully loaded (60,000 lbs.) "Mack" dump truck. Medical testimony from four orthopedic surgeons concerning the trauma of this severe flexion and extension and cervical strain, right brachial plexus injury, C-6 nerve root irritation, reversal of lordotic curve, and trauma induced cervical degeneration /bone spurring at the neural foramina. Reported in Metro Verdicts Monthly, Volume 2, Number 4, Page 163, November 1989, "Auto/Truck AccidentRear-End Stopped at Light."

Motorcyclist / Road Construction

A traffic control barrel placed along a road construction work zone on New York Avenue in the District of Columbia was sucked into the roadway by the vacuum effect of a passing tractor-trailer thereby rolling directly into the path of and injuring a motorcyclist. Suit on behalf of motorcyclist against several road contractors for negligence in failing to sufficiently weight (sandbag) the barrel, a negligence per se violation of federal regulations, i.e., Manual on Uniform Traffic Control Devices for Streets and Highways, Part 6F5 (1993) that resulted in settlement by court provided mediation.

Collision

A three-car collision on Georgia Avenue, Silver Spring, MD caused the L-5-S1 intervertebral disc to rupture. Defendant found at fault for following too closely and improperly turning, slowing and stopping at signal, both in violation of MD Code.

Head on Collision

A father and his fourteen year old passenger daughter were involved in head on collision resulting in injuries, including hip dislocation, fractured femoral head, hip replacement surgery, and an incisional scar.

Pedestrian

Federal jury verdict of $150,000.00 for elderly Office of Personnel Management employee, who sustained a fractured wrist when struck by a vehicle while crossing all six lanes of Constitution Avenue and 19th Street N.W. in Washington D.C.

Pedestrian

Pedestrian struck by speeding vehicle while standing at intersection on a median of four-lane urban street.

Federal Tort Claims Act

Federal trial in U.S. District Court for the Eastern District of Virginia under 28 U.S. C. 2671 against a U.S. Government employee/driver and involving injuries including, exacerbation of pre-existing spondylolisthesis and lumbar disc degeneration.

Pedestrian - Motorcyclist

Federal trial under the Federal Tort Claims Act, 28 U.S. C. 2671, against U.S. Government involving U.S. Park Police motorcycle who struck pedestrian.

Minor Pedestrian

15 year old, crosswalk, Ann Arundel County, MD

9 year old, skate boarder, intersection, Springfield, Virginia

7 year old, shopping center parking lot, Alexandria, Virginia

Truck - Intersection

Suit in Washington, DC on behalf of driver injured in intersection collision caused by construction company/driver/truck. The parties reached a $435,000.00 settlement before trial with the mediation assistance of the presiding trial judge.

Truck - Interstate

A college student fractured sternum and talus when vehicle collided with guardrail on Interstate 81 near Harrisonburg, VA after being cut off by a truck that was speeding and changing lanes.

Bus Passengers

Suit on behalf of three passengers against a bus company. Each passenger was standing in the aisle of a bus departing Camden Yards, Baltimore, MD after a baseball game when the bus driver slammed the brakes and suddenly stopped the bus causing each to sustain fracture injuries.

Taxicab

Suit on behalf of two Regan National Airport taxi cab passengers injured when the cab, traveling at a high rate of speed on Interstate 395 in freezing rain collided with a guardrail.

Closed Head Trauma

Low impact rear end collision resulting in neuropsychological injury.

Elderly Pedestrian

A resident of nearby nursing home, crossing a four lane street to the Safeway, struck in crosswalk.

Rear-End Collision Exit Ramp

Interstate-395, a major snowstorm that narrowed exit off ramp caused driver to suddenly stop and rear-end vehicle.

---

Workers' Compensation

Temporary, Permanent, Partial, and/or Total Disabilities

Represented hundreds of workers with injuries to the eyes, ears, shoulders, arms, hands, digits, hips, legs, feet, toes, and general bodily conditions of the spine (neck and back) heart, lungs and nervous system.

Carpal Tunnel Syndrome

Represented long-typing legal secretary for a partner of a large U.S. law firm who, after complaining of carpal tunnel, entered into $5,000 settlement with the firm without the advice of counsel. Office of Worker's Compensation vacated invalid settlement agreement of injured worker when abuse of discretion and violation of law was established. Third party civil claims and counterclaims were filed in DC federal court by Employer's insurance company. Five years of litigation involving multiple proceedings with hearing examiners, Director of D.C. Dept. of Employment Services, District of Columbia Court of Appeals, and DC federal court ensued until mediation before retired judge resulted in $275.000.00 lump sum settlement.

Psychiatric

Represented WMATA subway train operator in suit for damages based on post-traumatic stress disorder with depression caused when a passenger committed suicide by diving in front of the subway train. Case involved expert psychiatric testimony regarding causal relationship of trauma and Diagnostic and Statistical Manual of Mental Disorders classifications.

Spine

Pentagon employee fell from ladder causing spinal injury. Prosecution of the case required prosecution of the claim over an 11 year period and expert testimony in areas of orthopedics, neurology, psychiatry, pain management, urology, and vocational rehabilitation.

Hip

Sears employee, fall from ladder, caused permanent, total disability of the hip, avascular necrosis, fixed flex deformity, collapse of femoral head and subcondyle and centralized intervertebral disc prolapse at the L-5-S-1 level.

Ankle

Ruptured Achilles tendon and surgical scar, related nerve entrapment at planter aspect.

Foot

Amputation of great toe resulting in phantom limb syndrome.

Leg

Amputation and permanent, total disability.

Eye

Permanent, total disability from loss of eyesight.

Ears

Washington Post pressmen hearing loss claims.

---

Breach of Contract

Deed of Lease

Represented landlord in declaratory judgment action against veterinary clinic tenant in which numerous issues presented and adjudicated included time of the essence, notice to quit, void against public policy (based on tenant's entry into lease as a corporation when unincorporated) and failure to pay CPI rental increase for second five-year lease period. Settlement at close of evidence and closing arguments with tenant paying rent increase and the landlord's attorney's fees.

Professional Service Contract

Defended law firm regarding claims of failure to pay for professional services between them and adjusting company. Issues included invoicing, and payments to third parties. Claims and counterclaims included breach of contract, negligence, negligent hiring, training, defamation /libel and slander, malicious prosecution, abuse of process, bad faith, negligent and fraudulent misrepresentation, conversion, and constructive trust.

Insurance Contract/Bad Faith

Against State Farm Automobile Insurance Company for failure to defend its insured and pay $40,000 default judgment against uninsured motorist. Insurance company eventually settled for treble damages or $120,000.00.

Profit Sharing Agreement

Against corporate employer

Parts and Service Contract

Failure to provide design and install appropriate heating and air conditioning system.

---

Trusts and Estates Litigation

Irrevocable Medical Trust

Represented trust beneficiary with profound mental retardation and quadriplegia in two litigations with trustee, SunTrust Bank, and trust grantor and remainderman, DC Children's Hospital.

The trust was established in consideration of a 1982 settlement of a medical malpractice case against hospital for misdiagnosis (meningitis) when the beneficiary was 8 months old.

The trust provided for needs of child during her lifetime which at the time of the malpractice settlement, Children's Hospital expected to be minimal.

The hospital funded trust expenses for daily home nursing services for over twelve years and then in 2001 contested and threatened to sue the trustee for paying these home nursing services, which were necessary for survival, claiming it was custodial and not medical care under the terms of the trust.

Fearing litigation in the District of Columbia, the trustee filed a declaratory judgment action in Arlington County Circuit Court and immediately thereafter, Children's filed a breach of trust, fiduciary duty, accounting action against SunTrust in D.C. Superior Court.

The case involved various equitable and legal issues, including fiduciary duty and trustee discretion; and it was resolved in favor of the trustee and beneficiary by Decree entered in Arlington County Circuit Court.

The case involved review and management of thousands of pages of trust bank and accounting documents, as well as medical records spanning a period of over twenty years.

Experts in trust administration, physical medicine, internal medicine, developmental pediatrics testified.

The case was reported in Virginia Lawyers Weekly, June 2, 2003 (VLW 003-8-114 p. 15). SunTrust Bank vs. Children's Medical Ctr., et.al. Medical Trust Fiduciary Duty Disabled Adult Medical vs. Custodial Care.

Wills, Trusts, Deed, Power of Attorney

An elderly male with late stage Alzheimer disease lacking mental capacity to execute documents was unduly influenced by female real estate agent to execute a will, trust, power of attorney and deeds to parcels of lands that had been in his family since the 1700's and valued at over a million dollars.

An eleven day trial ensued in Leesburg, Virginia, Loudon County Circuit Court involving many fact and expert witnesses, including psychiatrists, psychologist, geriatric psychiatrist, cardiologist, and estates and trusts lawyers. Issues involved the decedent's mental and physical condition, and/or the pattern of manipulation, influence, exploitation, and the attempt to disinherit the family by this non-family member.

Chief Judge Thomas Horne ordered in a published opinion that all testamentary documents were overturned by equitable decree returning the land to the family.

Defendant's appeal and certiorari denied by Virginia Supreme Court in Panizza vs. Funkhouser, et.al., Supreme Court of Virginia, Record No. 970371.

Trial opinion is the court's subject of a digest opinion Panizza vs. Funkhouser, et.al., Virginia Lawyers Weekly, October 12,1994, "Will Contest Limitations Unsound Mind" (VLW 094-8-336, P.3) and mentioned in the article "And to My Ungrateful Son", Washingtonian Magazine, Nov. 1998 issue (p. 62 at 147).

Joint Account Transfer/Estate Tax Apportionment

Suit between two sisters for return of the value of stock transferred from mother's joint account with one daughter to the joint account with the other daughter.

The central document was a letter of instruction directing broker to transfer securities. The authenticity of purported signatures of the parties in letter of instruction were disputed by nationally known handwriting experts.

The case also involved a claim for reimbursement of federal estate taxes incorrectly paid from mother's inheritance and estate tax expert testimony from law professor regarding correct apportionment of estate taxes.

The litigation involved a multitude of legal and equitable issues concerning, statue of limitation, laches, undue influence, constructive trust, presumptive fraud, confidential/familial relationship, a financial institution's duty to parties of joint account, the principal/agent relationship, the transfer of a entitlement holder's rights, Uniform Commercial Code provisions, a power of attorney's authority to make gifts, and interference with contract.

Will and Life Estate

Represented beneficiary in an action filed by executor of an estate seeking aid and direction from the court in construing the will of an apartment building owner who bequeathed a life estate in a unit to a longtime friend and the tenant of the unit.

Will Contest

Represented daughters against bank manager inheriting mother's estate claiming breach of fiduciary duty, undue influence, and lack of testamentary capacity surrounding will signed in hospital.

Inter Vivos Trust

Represented widow's interest in husband's trust, which was the subject of a petition to construe inter vivos trust. An equitable action was filed and resolved with all interested parties by negotiation and the entry of a consent decree.

Removal Trustee

Represented trustee in action brought by children/heirs of decedent regarding a trust consisting of 19th century collection of vintage photographs: Civil War (Matthew Brady, etc.) and Western geological survey. Case involved trust fiduciary, removal issues, and testimony of vintage photographic experts about the photos' value, potential vendors, proper storage, and archival procedures, methods.

Injunction

Defended against suit that sought injunction to enjoin sale of land pursuant to a "Contract to Make a Will" between husband and wife during pendency of their divorce proceedings.

---

Miscellaneous

Civil Assault and Battery

Retained by national health club chain to represent an off-duty employee (janitor) in civil suit brought by health club patron (bank vice president) in federal court for assault and battery arising from a physical altercation between the parties. Jury verdict in D.C. federal court returned in favor of defendant/employee/janitor. The case was reported in Metro Verdicts Monthly, Volume 4, Number 6, Page 204, "Assault & Battery Altercation At Health Spa," March 1992.

Criminal Misdemeanors

Special Assistant U.S. Attorney for District of Columbia, District of Columbia Superior Court, pursuant to D.C. Law Student in Court Program, assigned to 40 criminal misdemeanor cases, argued thirty substantive hearings (all ruled in favor of the government), and tried five cases (all returning convictions).

Employment Discrimination

Represented female university professor successfully in sex discrimination claims that resulted in university's board of trustees reversing their initial denial and awarding her full professorship.

Traffic Offenses

speeding
reckless driving
driving - while intoxicated/ under the influence
failure to yield right of way

Notable Cases

Negligence/Malpractice

Wrongful Death

Product Defect

Premises Liability

Vehicular Accidents

Workers' Compensation

Breach of Contract

Trusts and Estate Litigation

Miscellaneous