EL-MESWARI v. WASHINGTON GAS LIGHT CO.

Nos. 84-2297(L), 84-2386.

785 F.2d 483 (1986)

Fathalla EL-MESWARI, personal representative of the Estate of Iman El-Meswari, a minor, Hawa Habil El-Meswari, Appellants, v. WASHINGTON GAS LIGHT COMPANY, Davenport Insulation, Inc., Valley Roofing, Inc., West Briar, Inc., Mark Mitchell, Dwight Showalter, Appellees. Fathalla EL-MESWARI, personal representative of the Estate of Iman El-Meswari, a minor, Hawa Habil El-Meswari, Appellants, v. Frank CLOWER and F.M. Clower, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1986.

Rehearing Denied April 2, 1986.


Attorney(s) appearing for the Case

Michael E. Geltner (James G. Abourezk, Mowahid H. Shah, Abourezk, Sobol & Trister, Washington, D.C., on brief), for appellants.

Thomas F. Farrell, II, Richmond, Va., (Grady C. Frank, Jr., Boothe, Prichard & Dudley, McLean, Va., on brief), Edward H. Grove, III (Brault, Geschickter, Palmer & Grove, Manassas, Va., Thomas M. Wochok, Richard A. Yeagley, Richard H. Lewis, Lewis & Trichilo, Robert L. Ellis, Siciliano, Ellis, Sheridan & Dyer, Fairfax, Va., William J. Carter, Edward J. Walinsky, Carr, Goodson & Lee, Washington, D.C., William O. Snead, Cremins, Snead & Annunziata, Fairfax, Va., on brief), for appellees.

Before WINTER, Chief Judge, WILKINSON, Circuit Judge and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.


WILKINSON, Circuit Judge:

Five-year old Iman El-Meswari was struck and killed by materials thrown by workmen from a building roof. The family sued those responsible under Virginia's wrongful death act. The trial court ruled that that law offered assistance for some aspects of the family's condition but that the state would not recognize or respond to other burdens. We now review these several decisions and affirm the judgment of the district court in all but one respect...

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