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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)
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

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In the instant case there was testimony that there were no existing violations, that such flooding had never occurred before, that in reconnecting the water supply, according to accepted practice, the valves were handled carefully, and that subsequently plumbers had been unable to find any blockage or any damaged pipes. Indeed the trial court found that "there is no evidence that the flood from Apartment 502 was more than a `one time thing' and . . . the [appellants] were in [no] position to anticipate it." We conclude that appellants met their burden of proof with respect to lack of notice and that the court erred, therefore, in using a warranty of habitability theory to impose upon them liability for appellees' losses. V.