Legal Opinion

Eric Toomer v. William C. Smith & Co., Inc.

District of Columbia Court of Appeals

Decided March 26, 2015No. 13-CV-1210PublishedCited by 4 opinions

1Opinion of the Court

BECKWITH, Associate Judge:

Appellant Eric Toomer filed a negligence suit for injuries sustained while climbing a fence owned and maintained by appellee William C. Smith & Company (Smith), a company that develops and manages real estate. The trial court granted summary judgment to Smith. We reverse and remand for proceedings consistent with this opinion.

I

Mr. Toomer was repairing his wife’s car in the parking lot of his apartment complex when his pet dog, Rocky, escaped and ran through a gap in the steel fence bordering the neighboring Skyland Apartments, a property managed by Smith. Fearing…

2Cases cited30 opinions

  1. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
  2. Protectus Alpha Navigation Co., Ltd. v. North Pacific Grain Growers, Inc.Court of Appeals for the Ninth Circuit · 1985
  3. Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
  4. Firfer Et Ux. v. United StatesCourt of Appeals for the D.C. Circuit · 1953
  5. Mendelowitz v. NeisnerNew York Court of Appeals · 1932

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3Cited by4 opinions

  1. Coulston v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2020
  2. Coulston v. Washington Metropolitan Area Transit AuthorityDistrict Court, District of Columbia · 2020
  3. Harris v. WmataDistrict Court, District of Columbia · 2020
  4. Whiteru v. Washington Metropolitan Area Transit AuthorityDistrict of Columbia Court of Appeals · 2025

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