KLEIN v. DISTRICT OF COLUMBIA

No. 21879.

409 F.2d 164 (1969)

Robert KLEIN and Ruth Klein, Appellants, v. DISTRICT OF COLUMBIA, United States of America and Roxton, Inc., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1969.


Attorney(s) appearing for the Case

Mr. Lawrence A. Shulman, Washington, D. C., for appellants. Mr. David M. Wortman, Washington, D. C., was on the brief for appellants. Mr. Saul M. Schwartzbach, Washington, D. C., also entered an appearance for appellants.

Mr. Ted D. Kuemmerling, Asst. Corportation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee District of Columbia.

Mr. Reed Johnston, Jr., Attorney, Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr. and Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Attorney, Department of Justice, were on the brief, for appellee United States of America. Messrs. John C. Eldridge, Attorney, Department of Justice, and Henry J. Monahan, Asst. U. S. Atty., also entered appearances for appellee United States of America.

Mr. Patrick J. Attridge, Washington, D. C., with whom Mr. Cornelius H. Doherty, Washington, D. C., was on the brief, for appellee Roxton, Inc.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

While walking along a sidewalk in the District of Columbia, appellant Robert Klein, 63 years of age, fell to the ground and sustained injuries when he tripped over a protruding handle on a sidewalk elevator shaft door. Appellants sued (1) the District of Columbia for violating its duty to Mr. Klein, as a pedestrian, to maintain sidewalks in a safe condition; (2) the United States as owner of the building to which the elevator shaft...

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