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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

812 chars
In sum, as to both the negligence and warranty counts, I would reverse and remand for the court (as the trier of fact) to determine whether the landlord produced sufficient evidence tending to show that it did not know, or in the exercise of reasonable care could not have known, of the defect in the plumbing system that caused the apartment to be uninhabitable and, as a consequence, damaged the tenants' personal possessions. If the court were to find the landlord's showing insufficient to rebut the inferences of negligence and/or breach of warranty, then it would properly order rent abatement as of the time the landlord had actual or constructive notice of the defect and order payment of the other damages, if any, after expiration of a reasonable period (from the date of notice) for making repairs. V.