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Silver Springs Janitor May Appeal Ruling Dismissing Her Personal Injury Lawsuit Against Smithsonian Executive

By Jack Lebowitz, Esq. and Vadim Mzhen, Esq.

In federal court, a judge has dismissed the personal injury lawsuit against Smithsonian Business Ventures Vice President Jeanny Kim. The plaintiff in the lawsuit, custodian and Silver Springs resident Mary T. Majano, had accused Kim of assault.

The alleged injury incident occurred in Downtown Washington D.C. at the Victor Building in June 2003. Kim did not have her security card with her and reportedly followed Majano through an unmonitored locked door. Kim tried to stop Majano because she did not have her security clearance with her.

U.S. District Judge Rosemary M. Collyer says that under the Federal Tort Claims Act, the Smithsonian executive has immunity from personal injury lawsuits because she was a federal worker and the altercation took place during the course of doing her job. Majano may appeal the ruling.

According to Kim, she hurriedly brushed passed the janitor and their shoulders collided. Kim has said "I did not accost, assault, or otherwise touch this woman at any time during the course of our interaction."

Judge Collyer, however, found that Kim had opened the door so forcefully that Majano?s body struck the wall. The judge also accused Kim of pulling several times on Majano?s lanyard and leaving red marks on her neck before walking away.

Smithsonian guards reportedly tried to question Kim about the incident but she told them ?I don?t have time for this mess.? A Smithsonian investigator called Kim?s behavior ?unnecessarily aggressive.?

Majano says that the attack left her with a herniated disk. Her doctors says that she had surgery, is now disabled, and takes prescription pain drugs. They also say she won?t be able to return to work as a janitor.

Kim has never faced disciplinary action for the incident. Majano?s personal injury lawyer is accusing Kim of violating workplace policies.

Please contact our Washington D.C. personal injury law firm if you or someone you love was seriously hurt because of another party?s carelessness, recklessness, or negligence in Maryland or Washington D.C.

Suit Against Smithsonian Executive Dismissed, Washington Post, April 25, 2008

Janitor Testifies Smithsonian Executive Assaulted Her, Washington Post, January 17, 2008

Related Web Resource:

Read the Court Ruling (PDF)

Contact Lebowitz & Mzhen today.

Full post as published by Maryland Accident Law Blog on April 27, 2008 (boomark / email).