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ZOERB v. BARTON PROTECTIVE SERVICES

No. 03-CV-224.

851 A.2d 465 (2004)

Mark ZOERB, et al., Appellants, v. BARTON PROTECTIVE SERVICES, Appellee.

District of Columbia Court of Appeals.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Patricia L. Payne, with whom Jordana J. Hughes was on the brief, for appellants.

James B. Sarsfield, Washington, with whom Kevin J. O'Connell and Alexander Francuzenko were on the brief, for appellee.

Before STEADMAN and SCHWELB, Associate Judges, and NEBEKER, Senior Judge.

SCHWELB, Associate Judge:

On September 25, 1996, Mark Zoerb, an engineer employed by Carr Real Estate Services, Inc., at Metropolitan Square, a thirteen-story commercial office building in Washington, D.C., was struck on the head by a descending elevator and seriously injured while he was standing on a ladder in the elevator shaft and searching for a lost set of keys. Zoerb and his wife, Linda, subsequently brought this action for negligence1

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