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ITT CONTINENTAL BAKING CO. v. ELLISON

Nos. 9748, 9855.

370 A.2d 1353 (1977)

ITT CONTINENTAL BAKING COMPANY, Appellant, v. Julia O. ELLISON, and Safeway Food Stores, Inc., Appellees. SAFEWAY FOOD STORES, INC., Appellant, v. ITT CONTINENTAL BAKING COMPANY, and Julia O. Ellison, Appellees.

District of Columbia Court of Appeals.

Decided March 15, 1977.

Attorney(s) appearing for the Case

Reid C. Tait, Washington, D. C., with whom James C. Gregg and Hugh Lynch, Jr., Washington, D. C., were on the brief, for ITT Continental Baking Co., appellant in No. 9748 and appellee in No. 9855.

Richard W. Boone, Washington, D. C., with whom Edward J. Lopata, Washington, D. C., was on the brief, for Safeway Food Stores, Inc., appellee in No. 9748 and appellant in No. 9855.

Alvin L. Newmyer, Jr., Washington, D. C., for appellee Ellison.

Before KELLY, FICKLING and NEBEKER, Associate Judges.

PER CURIAM:

In a jury trial, appellee Julia Ellison was awarded the sum of $12,000 compensatory damages plus costs jointly and severally against Safeway Food Stores, Inc., and ITT Continental Baking Company (hereafter, Safeway and ITT). Both Safeway and ITT are appealing that judgment.

The facts in the case are relatively simple. On July 12, 1973, Mrs. Ellison and her daughter were shopping in a Safeway store located in the District of Columbia. Mrs. Ellison...

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