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The Law Offices of Dawn V. Martin handles personal injury, or "tort" cases as well as accident
cases), assault, battery, false imprisonment, defamation, intentional infliction of emotional distress,
wrongful termination and even medical malpractice. Some of these claims are related to employment
claims (see Gantt v. Security USA), but others involve the use of public accommodations, hotels,
hospitals and other situations that do not involve employment.
Currently, the firm is litigating an unusual case involving an unmarked open air shaft, with a 24 foot
drop behind it, in a designated parking space. The case is particularly important to public safety, and
the safety of children, because it occurred in the parking garage of Children's National Medical
Center. The garage is managed by the largest parking garage management company in the D.C. area,
Colonial Parking, Inc.
Destefano, et. al, v. Childen's National Medical Center and Colonial Parking, Inc., D.C. Superior
Court, Civil Action No. 2010 CA 001935 B.
This high profile case was most recently covered by NBC (Channel 4) News on Friday, June 25,
2010, by reporter Derrick Ward at both 5:00 and 6:00 p.m.
The case has also been covered by CBS (Ch. 9) news. Channel 9 News (CBS) last broadcast the
story March 25, 2010 at 6:00 p.m., by reporter, Lindsey Mastis.
Comments may also be posted at http://www.youtube.com/watch?v=VNoWF85zx10.
See also previous news broadcast from March of 2009, immediately after the accident, at
http://www.wusa9.com/rss/local_article.aspx?storyid=83066. The case has also been covered
several newspapers, including El Tiempo Latino and The Washington Hispanic.
On March 25, 2010, the firm filed the Complaint initiating a lawsuit against Children's National
Medical Center and Colonial Parking, one of Washington D.C.'s largest parking management
companies. Colonial Parking Inc. manages the parking garage for the hospital. A 6 year old boy fell
24 feet, down a concrete air shaft of the hospital's parking lot. The boy fell through the hole in the
wall -- which was 3 feet wide, 2 feet long and 14 inches from the ground. The hole was unmarked
and actually, part of a wall that was part of a designated parking space. The boy fell when his mother
had the children back up in the parking space, just a few inches so that she could open the car door.
The mother heard her son's body land on the concrete two floors down, but could not reach him.
The boy lay on the bottom of the air shaft for 20 minutes until hospital personnel opened the air vent
two floors below and removed him. He was conscious the entire time, crying for his mother. He
was rushed to insensitive care, in critical condition, with head wounds, both wrists fractured, a
concussion and cuts, bruises and soft muscle tissue damage throughout his bodies. The injuries to
his head aggravated a pre-existing medical condition, increasing seizures and changing the type of
seizures he experienced before the accident.
Although the hospital had been claiming that it was investigating the question of who removed the
vent from the wall, recently discovered evidence disclosed that the D.C. Consumer and Regulatory
Condition (DCRA ) cited the hospital, later the same day as the accident, for D.C. Municipal Code
violations, for "crumbled" walls behind the vents covers, rusted vent covers, loose covers and
missing screws in the vent covers throughout the parking garage, creating "dangerous" conditions in
the parking garage. The dilapidated conditions cited by the DCRA allowed vents to become unstable
and fall off, exposing people in the garage to the danger of slipping and falling through open vents,
low to the floor. At least one Colonial Parking employee/contractor, reported that he had seen the
vent cover off as early as two months earlier. Photos of the bottom of the air shaft where the boy
lay awaiting rescue show that there was garbage in the air shaft, apparently thrown or blow into the
air shaft, over time, through the same hole that the boy fell through.
Per Colonial Parking's own Employee Safety Guide, the Colonial Parking, Inc. shift manager was
responsible for patrolling and inspecting the parking garage facility three times per day and writing an
assessment report, or "Manager's Daily Check Sheet" for each patrol. It is difficult to imagine how a
shift manager could inspect three times per day and not notice the deplorable conditions of the vents
and walls that violated the D.C. Municipal Regulation violations, and most importantly, the 2 feet
high, 3 feet wide hole in the wall, with the vent cover leaning against the wall, just a few feet away
from it. These conditions raise serious questions about the conditions of other parking garages in the
D.C. area managed by Colonial Parking, Inc.
The Complaint asks for a total of $57 million. This includes $30 million in damages for the physical
and emotional injuries suffered by the 6 year old boy, as well as the $5 million each, for his 4 year old
sister who suffered extreme emotional distress, "in the zone of danger" of being physically injured
themselves. The Complaint also asks for $17 million in punitive damages, against both the hospital
and Colonial Parking, Inc. Colonial Parking Inc. to punish both Defendants for their reckless
disregard for public safety. Colonial Parking, Inc. has a gross revenue of more than $100 million per
year; a large punitive award is therefore necessary to deter future reckless conduct and future injuries
in parking garages managed by Colonial throughout the D.C. area.
cases), assault, battery, false imprisonment, defamation, intentional infliction of emotional distress,
wrongful termination and even medical malpractice. Some of these claims are related to employment
claims (see Gantt v. Security USA), but others involve the use of public accommodations, hotels,
hospitals and other situations that do not involve employment.
Currently, the firm is litigating an unusual case involving an unmarked open air shaft, with a 24 foot
drop behind it, in a designated parking space. The case is particularly important to public safety, and
the safety of children, because it occurred in the parking garage of Children's National Medical
Center. The garage is managed by the largest parking garage management company in the D.C. area,
Colonial Parking, Inc.
Destefano, et. al, v. Childen's National Medical Center and Colonial Parking, Inc., D.C. Superior
Court, Civil Action No. 2010 CA 001935 B.
This high profile case was most recently covered by NBC (Channel 4) News on Friday, June 25,
2010, by reporter Derrick Ward at both 5:00 and 6:00 p.m.
The case has also been covered by CBS (Ch. 9) news. Channel 9 News (CBS) last broadcast the
story March 25, 2010 at 6:00 p.m., by reporter, Lindsey Mastis.
Comments may also be posted at http://www.youtube.com/watch?v=VNoWF85zx10.
See also previous news broadcast from March of 2009, immediately after the accident, at
http://www.wusa9.com/rss/local_article.aspx?storyid=83066. The case has also been covered
several newspapers, including El Tiempo Latino and The Washington Hispanic.
On March 25, 2010, the firm filed the Complaint initiating a lawsuit against Children's National
Medical Center and Colonial Parking, one of Washington D.C.'s largest parking management
companies. Colonial Parking Inc. manages the parking garage for the hospital. A 6 year old boy fell
24 feet, down a concrete air shaft of the hospital's parking lot. The boy fell through the hole in the
wall -- which was 3 feet wide, 2 feet long and 14 inches from the ground. The hole was unmarked
and actually, part of a wall that was part of a designated parking space. The boy fell when his mother
had the children back up in the parking space, just a few inches so that she could open the car door.
The mother heard her son's body land on the concrete two floors down, but could not reach him.
The boy lay on the bottom of the air shaft for 20 minutes until hospital personnel opened the air vent
two floors below and removed him. He was conscious the entire time, crying for his mother. He
was rushed to insensitive care, in critical condition, with head wounds, both wrists fractured, a
concussion and cuts, bruises and soft muscle tissue damage throughout his bodies. The injuries to
his head aggravated a pre-existing medical condition, increasing seizures and changing the type of
seizures he experienced before the accident.
Although the hospital had been claiming that it was investigating the question of who removed the
vent from the wall, recently discovered evidence disclosed that the D.C. Consumer and Regulatory
Condition (DCRA ) cited the hospital, later the same day as the accident, for D.C. Municipal Code
violations, for "crumbled" walls behind the vents covers, rusted vent covers, loose covers and
missing screws in the vent covers throughout the parking garage, creating "dangerous" conditions in
the parking garage. The dilapidated conditions cited by the DCRA allowed vents to become unstable
and fall off, exposing people in the garage to the danger of slipping and falling through open vents,
low to the floor. At least one Colonial Parking employee/contractor, reported that he had seen the
vent cover off as early as two months earlier. Photos of the bottom of the air shaft where the boy
lay awaiting rescue show that there was garbage in the air shaft, apparently thrown or blow into the
air shaft, over time, through the same hole that the boy fell through.
Per Colonial Parking's own Employee Safety Guide, the Colonial Parking, Inc. shift manager was
responsible for patrolling and inspecting the parking garage facility three times per day and writing an
assessment report, or "Manager's Daily Check Sheet" for each patrol. It is difficult to imagine how a
shift manager could inspect three times per day and not notice the deplorable conditions of the vents
and walls that violated the D.C. Municipal Regulation violations, and most importantly, the 2 feet
high, 3 feet wide hole in the wall, with the vent cover leaning against the wall, just a few feet away
from it. These conditions raise serious questions about the conditions of other parking garages in the
D.C. area managed by Colonial Parking, Inc.
The Complaint asks for a total of $57 million. This includes $30 million in damages for the physical
and emotional injuries suffered by the 6 year old boy, as well as the $5 million each, for his 4 year old
sister who suffered extreme emotional distress, "in the zone of danger" of being physically injured
themselves. The Complaint also asks for $17 million in punitive damages, against both the hospital
and Colonial Parking, Inc. Colonial Parking Inc. to punish both Defendants for their reckless
disregard for public safety. Colonial Parking, Inc. has a gross revenue of more than $100 million per
year; a large punitive award is therefore necessary to deter future reckless conduct and future injuries
in parking garages managed by Colonial throughout the D.C. area.
You may view the NBC Broadcast and post comments
about the case at
http://www.nbcwashington.com/news/local-beat/Childrens-
Hospital-Sued-Over-Accident-Waiting-to-Happen.html.
about the case at
http://www.nbcwashington.com/news/local-beat/Childrens-
Hospital-Sued-Over-Accident-Waiting-to-Happen.html.
Ms. Martin with client, Paola
Destefano, being interviewed by
NBC reporter, Derrick Ward.
Destefano, being interviewed by
NBC reporter, Derrick Ward.