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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983) 6.
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

694 chars
6. It follows that, as to alleged negligence, the trial court erred in failing to require the landlord to come forward with evidence rebutting the inference of negligence. As to alleged breach of warranty, the court did properly shift the burden of producing rebuttal evidence to the landlord but shifted it too far, imposing a burden “to show that a third party was responsible” instead of to produce evidence tending to prove that the landlord could not have known of the defect in the exercise of reasonable care. Accordingly, reversal and remand are in order as to both the negligence and warranty of habitability counts unless, on this record, we can rule on the merits as a matter of law.