Filed
D.C. Superior Court
07/13/2018 15:07PM
Clerk of the Court
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division
JANINE HILL,
Plai
Case No. 2018 CA 000233 M
v. Judge Elizabeth C. Wingo
HENOK ARAYA, M.D.,
Defendant
JANINE HILL,
Plai
Case No. 2018 CA 002489 M
v. Judge Elizabeth C. Wingo
Civil Calendar 14
VITA SURGICAL GROUP, LLC,
Defendants.
ORDER
These consolidated matters came before the Court for a hearing on July 13, 2018, Atthe
hearing, the Court orally ruled on Defendant's Motion and Points and Authorities in Support of
Motion for Summary Judgment, filed May 21, 2018, by Defendant Henok Araya, and Defendant
Vita Surgical Group, LLC’s Motion and Points and Authorities in Support of the Motion for
Summary Judgment and Stay of Discovery, filed June 12, 2018." For the reasons stated from the
bench, the Court found that the January 10, 2015 Consent for Operative Procedures and Consent
for Anesthesia contained a valid arbitration agreement that contained a one-year time limitation
for the bringing any such action. In so finding, the Court considered and rejected, based on the
* As noted in the docket, the Court also, at the hearing, orally granted PI
in Opposition to Defendant's Motion for Summary Judgment, and denied as moot Defendant's Motion for a
Staying Discovery
lifl's Motion for Leave to File Sur-Reply
n Orderrecord and evidence before the Court and for the reasons stated from the bench, Plaintiff" s
arguments asserting the contract to be void (1) due to Plaintiff's lack of capacity due to
medication; (2) due to fraud in the inducement, (3) as unconscionable; and (3) as against public
policy, to lack merit, Therefore, this action having been brought long after the one year
limitation expired, summary judgment in favor of the Defendants was granted.
Accordingly, itis this 13th day of July, 2018, hereby
ORDERED that Defendant’s Motion and Points and Authorities in Support of Motion
for Summary Judgment, filed May 21, 2018, by Defendant Henok Araya is GRANTED; and it is
further
ORDERED that Defendant Vita Surgical Group, LLC’s Motion and Points and
Authorities in Support of the Motion for Summary Judgment and Stay of Discovery, filed June
12, 2018, is GRANTED.
SO ORDERED.
y
EQ VW
JUDGE ELIZABETH CARROI WINGO.
Superior Coutt of the District of Columbia
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Archie L. Rich Il, Esq,
Counsel for Plaimiff
Alfred F. Belcuore, Esq
Counsel for Defendant