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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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[3] Appellees contend on appeal that the trial court erred in ruling that appellants were not negligent because, based on the principle of res ipsa loquitur, the trial court should have inferred negligence from the circumstances. We disagree. We have inferred negligence under this doctrine "[w]hen the cause of an injury is (1) known, (2) in the defendant's control, and (3) unlikely to do harm unless the person in control is negligent. . . ." Crump v. Browning, 110 A.2d 695, 696 (D.C.1955). Appellees concede in their brief that the flood originated from a toilet in Apartment 502. Considering this fact and the trial court's conclusion that "[t]here was no evidence to show who was at fault in connection with the pressure on the valve which apparently caused the flood," we find no basis to conclude as a matter of law that the instrumentality that caused the damage in these cases was in appellants' control.