ZAIKO v. DISTRICT OF COLUMBIA

No. 22789.

427 F.2d 606 (1970)

Peter ZAIKO and Marie Zaiko v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1970.


Attorney(s) appearing for the Case

Mr. Ted D. Kuemmerling, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Acting Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellant. Mr. Charles T. Duncan, Corporation Counsel, also entered an appearance for appellant.

Mr. Stanley Klavan, Rockville, Md., with whom Mr. Paul H. Mannes, Rockville, Md., was on the brief, for appellees.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.


ROBB, Circuit Judge:

The appellee Peter Zaiko was struck and run over by a truck owned by the District of Columbia and operated by one of its employees. He sued for personal injuries and his wife Marie Zaiko sued for loss of consortium. At trial before a jury the District denied all allegations of negligence and claimed that Mr. Zaiko's injuries resulted from his sole or contributory negligence. At the conclusion of the plaintiffs' evidence and again at the close...

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