ESTEP v. CONSTRUCTION GENERAL, INC.

No. 85-543.

546 A.2d 376 (1988)

Samuel ESTEP, et al., Appellants, v. CONSTRUCTION GENERAL, INC., et al., Appellees.

District of Columbia Court of Appeals.

Reargued April 20, 1987.

Decided July 18, 1988.


Attorney(s) appearing for the Case

Peter J. Vangsnes (counsel for argument on March 5, 1986) and Wayne M. Mansulla (counsel for argument on April 20, 1987), with whom Wayne C. Burgy and Karl N. Marshall, Washington, D.C., were on the briefs, for appellants.

Ignacio B. Pessoa (counsel for argument on March 5, 1986), with whom Christopher K. Speed, Arlington, Va., and James M. Heffler, Washington, D.C., were on the briefs, for appellees.

Walter A. Smith, Jr. (counsel for argument on March 5, 1986 and for reargument on April 20, 1987), with whom Vincent H. Cohen, Robert B. Cave and David F. Grady, Washington, D.C., were on the briefs, for amicus curiae Washington Metropolitan Area Transit Authority.

Edward E. Schwab, Asst. Corp. Counsel, with whom John H. Suda, Acting Corporation Counsel at the time the briefs were filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the briefs, for the District of Columbia.

Before MACK, FERREN, and STEADMAN, Associate Judges.


FERREN, Associate Judge:

Samuel Estep was injured in 1979 while working for Krick Commercial, Inc. He received compensation from Krick under the District of Columbia Workmen's Compensation Act of 1928, D.C.Code § 36-301 et seq. (1973), which applied to injuries occurring before mid-1982. Estep and his wife then brought a negligence action against the general contractor on the project, Construction General, Inc., which had neither obtained workers compensation...

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