Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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In the present context, as in others, the court should act prudently and with restraint. The doctrine of stare decisis plays "an important role in orderly adjudication," and it also "serves the broader societal interests in even handed, consistent and predictable application of legal rules." Thomas v. Washington Gas Light Co., 448 U.S. 261, 272, 100 S.Ct. 2647, 2656, 65 L.Ed.2d 757 (1980) (plurality opinion) (footnote omitted). These are important considerations to which any responsible court will accord significant weight. But the restraint appropriate to this case is that commanded by respect for precedent. We should not hastily or improvidently cast aside our own prior decisions, and we should ensure that the common law develops in an orderly manner, but that is all of the self-restraint that is required. I respectfully but firmly disagree with the view that in the present context, any but the slightest modification of a judge-made doctrine would usurp the authority of the legislative branch. III. As the court has today recognized,

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