WILSON v. HALLEY GARDENS ASSOCIATES

No. 97-CV-1229.

738 A.2d 265 (1999)

Kim WILSON, Appellant, v. HALLEY GARDENS ASSOCIATES, RCG D.C. Realty, Inc. and Universal Appliance Company, Inc., Appellees.

District of Columbia Court of Appeals.

Decided September 16, 1999.


Attorney(s) appearing for the Case

Thomas H. Queen filed a brief for appellant.

Patricia M. Thornton and Janet M. Truhe filed a joint brief for appellees.

Before WAGNER, Chief Judge, FARRELL, Associate Judge, and PRYOR, Senior Judge.


FARRELL, Associate Judge:

In this personal injury action, we hold that the trial judge granted summary judgment to the defendants prematurely, because an affidavit provided by the plaintiff's expert arguably demonstrated a genuine issue of material fact on the cause of the accident injuring the plaintiff. However, because that affidavit was offered in the form of newly discovered evidence after the judgment was entered, the defendants have not had the opportunity...

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