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SHERMAN v. DISTRICT OF COLUMBIA

No. 93-CV-668.

653 A.2d 866 (1995)

Diane SHERMAN, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided February 6, 1995.

Attorney(s) appearing for the Case

Samuel C. Hamilton, with whom Tilman L. Gerald, Silver Spring, MD, and Winfred R. Mundle, Washington, DC, were on the brief, for appellant.

Vanessa Ruiz, Corp. Counsel at the time the brief was filed, with whom Charles L. Reischel, Deputy Corp. Counsel, and Edward Schwab, Asst. Corp. Counsel, Washington, DC, were on the brief, for appellee.

Before WAGNER, Chief Judge, KING, Associate Judge, and GALLAGHER, Senior Judge.

KING, Associate Judge:

In this negligence action, appellant Diane Sherman ("Sherman") seeks reversal of the grant of summary judgment in favor of appellee, the District of Columbia ("District"). Sherman contends that summary judgment was improper because the affidavit submitted by the District reveals the existence of a disputed material fact—whether an employee of the District created the unsafe condition which caused Sherman's injuries. We agree, and for...

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