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O'NEIL v. WINDSHIRE COPELAND ASSOCIATES, L.P.

No. Civ.A. 4:01CV56.

197 F.Supp.2d 507 (2002)

Kaney F. O'NEIL, Plaintiff, v. WINDSHIRE COPELAND ASSOCIATES, L.P., et. al., Defendant.

United States District Court, E.D. Virginia, Newport News Division.

April 1, 2002.

Attorney(s) appearing for the Case

Robert John Haddad, Shuttleworth, Ruloff, Giordano & Swain, PC, Virginia Beach, VA, Amy Z. Tobin, South Lake Tahoe, CA, Irwin M. Zalkin, Zalkin & Zimmer, LLP, San Diego, CA, for Plaintiff.

Steven W. Bancroft, Trichilo Bancroft McGavin Horvath & Judkins PC, Fairfax, VA, John D. Radd, Jeffrey Franklin Brooke, Huff, Poole & Mahoney, P.C., Virginia Beach, VA, for Defendant.

OPINION AND ORDER

MORGAN, District Judge.

This matter is before the Court on Plaintiff's Motion for Judgment as a Matter of Law and Motion to Dismiss Affirmative Defenses. The Court ruled upon these issues in the course of trial and this Opinion and Order further explain the rationale for its rulings.

This case arises out of personal injuries the Plaintiff sustained when she fell from a second story balcony at the Autumn Apartments complex ("the...

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