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WHEELER TERRACE, INC. v. LYNOTT

No. 4076.

234 A.2d 311 (1967)

WHEELER TERRACE, INC., Appellant, v. Kyle LYNOTT, a minor, by and through Lois J. Lynott and William R. Lynott, her parents and next friends, and Lois J. Lynott and William R. Lynott, Individually, Appellees.

District of Columbia Court of Appeals.

Decided October 18, 1967.

Attorney(s) appearing for the Case

Mark P. Friedlander, Washington, D. C., with whom Mark P. Friedlander, Jr., Blaine P. Friedlander, Washington, D. C., and Harry P. Friedlander, Arlington, Va. were on the brief, for appellant.

Benjamin F. Rossner, Washington, D. C., with whom Carl K. Goodson, Washington, D. C., was on the brief, for appellees.

Before HOOD, Chief Judge, MYERS, Associate Judge, and QUINN, Associate Judge, Retired.

MYERS, Associate Judge:

A jury awarded damages to the seven year old appellee and her parents for personal injuries sustained when the child fell over the stump of a bush protruding from the grounds of an apartment house project. At the time of the accident the child's family lived in the project owned and maintained by the corporate appellant.

At trial appellant's liability was established by evidence tending to show that: the unpaved area where the child...

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