KIRBY v. HYLTON

No. 887, September Term, 1981.

51 Md. App. 365 (1982)

443 A.2d 640

TIMOTHY PATRICK KIRBY ET AL. v. C.D. HYLTON ET AL.

Court of Special Appeals of Maryland.

Decided April 8, 1982.


Attorney(s) appearing for the Case

Albert D. Brault, with whom were Janet S. Zigler and Brault, Graham, Scott & Brault on the brief, for appellants.

David A. Levin, with whom was W. Scott Sonntag on the brief, for appellee Trenchcraft, Incorporated. Robert C. Morgan, with whom were Roy L. Mason and Donahue, Ehrmantraut & Montedonico, Chartered on the brief, for appellee First Maryland Utilities, Inc.

The cause was argued before LISS, COUCH and BISHOP, JJ.


COUCH, J., delivered the opinion of the Court.

After their nine-year old son, Timothy, was fatally injured when run over by a heavy pipe, while rolling down a hill, on land owned by a water and sewer company, First Maryland Utilities (FMU), Donald and Dorothy Kirby brought suit in the Circuit Court for Prince George's County against FMU, a contractor, Trenchcraft, Inc., the developer of the housing development where the...

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