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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction
DC (municipal)
Effective Date
1997-09-23

Other Sections in This Document (617)

Full Text

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This court has never before stated that a common law doctrine cannot be modified, expanded or contracted without en banc consideration. In fact three-judge panels of this court have often over time modified, expanded or contracted common law doctrines in the area of torts and contracts. See, e.g., District of Columbia v. Owens-Corning Fiberglas Corp., 572 A.2d 394, 403-05 (D.C.1989) (recognizing municipal immunity from the running of statutes of limitations and repose because of "the artifact of a royal prerogative"); Rong Yao Zhou v. Jennifer Mall Restaurant, 534 A.2d 1268, 1276 (D.C.1987) (holding that a violation of the D.C.Code § 25-121(b) by serving a person already intoxicated "renders the tavern keeper negligent per se"); Berman v. Watergate West, Inc., 391 A.2d 1351, 1357 (D.C.1978) (accepting "that the law of products liability applies not only to the sale of goods, but also to the sale of newly constructed homes"); Matthews v. District of Columbia, 387 A.2d 731, 734 (D.C.1978) (adopting the "recognized common law duty owed to prisoners by penal authorities is one of reasonable care in their protection and safekeeping"); Alfred A. Altimont, Inc. v. Chatelain, Samperton & Nolan, 374 A.2d 284, 289 (D.C.1977) (recognizing the tort of interference with prospective advantage); Gaither v. District of Columbia, 333 A.2d 57, 60 (D.C.1975) (recognizing "that there is a common law duty owed to the prisoner, by his guards and their superiors, which requires that they exercise reasonable care in the protection and safekeeping of the prisoner"); Cottom v. McGuire Funeral Serv., Inc., 262 A.2d 807, 809 (D.C.1970) (expanding products liability for a defective product to include recovery by a nonpurchaser against the wholesaler).