Negligence

WASHINGTONMETROLAW.COM
LAW OFFICES OF LEONARD P. BUSCEMI
 
Negligent Supervision – Home Aide - Geriatric Care Agency.- Embezzlement

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 in the field 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 construction 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.

 
Arrests—Constitutional & Civil Rights—Assault/Battery/False Arrest/Imprisonment

Suit against mall and department store on behalf of two friends, one Afro-American and the other White Caucasian who were together shopping at local mall department store when they noticed that surveillance cameras following the Afro-American and deliberately profiling him as a potential shoplifter based solely on his minority race. The Afro-American friend expressed dissatisfaction by exercising his right to free speech under the First Amendment of the Constitution of United States momentarily made a gesture with his middle finger directed at the surveillance camera mounted on the ceiling.

The camera operator then angrily confronted the Afro American ordered “You, come with me! We can do this the easy way or the hard way!”. The two friends each paid for the merchandise they had selected while and waited to talk to a manager they had demanded. No manager appeared and they decided to leave the store and as they were leaving, were surrounded an entire force of at least six department store and mall security guards that blocked them from exiting the store.

The camera operator grabbed the Afro-American’s arm and handcuffed him His friend took just one step forward with his open hand the entire security force extended out at torso level and his other one hand by his side and asked “What is going on here? What are you doing?” The friend was then violently and forcibly tackled to the floor and handcuffed him. Both friends were paraded in handcuffs through the store to a room where they were detained and then finally released

Neither friend were taken into custody by police. Neither were charged with or convicted of a crime. The guards had no reasonable and probable cause for believe a theft or any other crime had been committed. The store and mall acted as if they had authority under color of law which they did not. A complaint was filed in the City of Alexandria Circuit Court containing multiple counts including: negligence; negligent hiring, training, retention, and supervision of employees; defamation; assault and battery; false arrest; false imprisonment; intentional infliction of emotional distress; violation of rights under the 4th and 14th Amendments to the Constitution of United States to be secured in one’s person and effects against unreasonable search and seizure; violations of rights under the 6th and 14th Amendments to the Constitution of the United States to be informed of the nature and cause of the accusations; the deprivation of civil rights under 42 United States Code § 1981 through 1983 and 42 United States Code § 2000a; and Virginia Code § 8.01-1-42 (acts of intimidation, harassment and direct violence motivated by racial and/or ethnic animosity). Just moments before trial was to commence, with the presiding judge acting as a mediator and the jury waiting to be selected, the store and mall offered a lump-sum settlements which were accepted.

 
Carwash Attendant -Gear Shift -Left in Drive Position- Customer Pinned - Knees

Limousine driver’s claim against car wash company for vicarious liability, employee negligence. O car wash attendant who departed the limousine with a gear shift engaged in the drive position caused the vehicle to pin the limousine driver between two vehicles and injuring both his knees. The gear switching mechanism had certain special electronic features that were not customary in most vehicles. Just before the accident, the limousine driver, when departing his vehicle and relinquishing it to the attendant, specifically asked the attendant whether he was familiar with this gear switching mechanism and the attendant said he was.

 
Commissary Customer - Vendor’s Negligence -Permanent Hip Injury - 85 year old

Retired admiral’s wife, age 85, was struck in the back by a vendor’s cart while shopping for groceries at Fort Belvoir, Virginia Commissary, causing her to fall to the floor and to sustain a left hip femoral neck fracture, displaced, and fractured left hip requiring replacement surgery (hip bipolar hemiarthopasty). Post operative complications ensued and Electromyography and Nerve Conduction Study showed sciatic nerve neuropathy severely affecting the peroneal nerve division.

 
Hostess – Knock Down- Restaurant Patron – Aggravation of Pre-Existing Conditions

Suit and settlement of personal injury case for an elderly customer who rose from a restaurant booth to use the restroom when a hostess, walking briskly, struck her in the back, knocking her back into the booth and forcefully onto her coccyx bone thereby aggravating a pre-existing canal stenosis and multilevel degenerative conditions and causing increased medical care (trigger point injections and physical therapy). According to the statement of the manager on duty at the time of the accident, hostesses were instructed to walk and talk with the guests to make them feel welcome however, they were expected to be aware of their surrounding and were instructed to give right of way and step aside if a patron was in their path or vicinity.

 
Beautician - Negligent Application –Hair Relaxer- Scalp Injury -chemical Burns

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).

 
Trial and Defense of Civil Assault and Battery – Health Club - Altercation

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.

 
Slip and Fall – Safeway Supermarket – Cleaning Fluid Spilled by Employee

Settlement of a slip and fall case of a 68 year old United States Department of Agriculture employee who sustained a hamstring injury. on wet floor at a Safeway in the Cherrydale section of Arlington, VA where he had been a customer for 40 years. The floor was covered in invisible cleaning fluid spilled by an employee who had not dried it or marked the area with a sign.

 
Delivery Driver - Intentional Assault and Battery- Fractured Thumb-
Lumber customer suit and settlement of claim against lumbar company and its employee delivery driver for intentional assault and battery when employee struck customer with a clipboard fracturing his thumb.
 

Day Care – Inadequate Playground Supervision - Assault by Preschooler

Assault by preschool playmate (stick in the eye) and inadequate school supervision.

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