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PORTER v. KAVAKOS

No. 5125.

267 A.2d 353 (1970)

Francis X. PORTER, Appellant, v. John L. KAVAKOS, t/a Busy Bee Lunch, and Angelo A. Puglisi, and Nathan Poole, and Government of the District of Columbia, a municipal corporation, Appellees.

District of Columbia Court of Appeals.

Decided June 30, 1970.

Attorney(s) appearing for the Case

Milton M. Burke, Washington, D. C., for appellant.

Donald J. Caulfield, Washington, D. C., with whom Bond L. Holford, Brentwood, Md., was on the brief, for appellees Kavakos, Puglisi and Poole.

Leo N. Gorman, Asst. Corp. Counsel, with whom Charles T. Duncan, Corp. Counsel, Hubert B. Pair, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, were on the brief, for appellee Government of the District of Columbia.

Before FICKLING, KERN and NEBEKER, Associate Judges.

NEBEKER, Associate Judge.

This appeal presents the sole question whether a plaintiff may rely on the doctrine of res ipsa loquitur to establish liability when he was injured on a public sidewalk by stepping on a manhole or coalhole cover which broke in half under his weight. The action was brought against the District of Columbia, the owner of the abutting property, and the tenant who occupied the building thereon which was served by the vault beneath the cover. The...

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