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WMATA v. O'NEILL

No. 92-CV-507.

633 A.2d 834 (1993)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. William D. O'NEILL, Appellee.

District of Columbia Court of Appeals.

Decided November 24, 1993.

As Amended December 21, 1993.

As Amended on Grant of Rehearing February 8, 1994.

Attorney(s) appearing for the Case

Gerard J. Stief, Associate Gen. Counsel, with whom Robert L. Polk, Gen. Counsel, and Robert J. Kniaz and Arnold I. Melnick, Deputies Gen. Counsel, Washington, DC, were on the brief, for appellant.

Christopher Schmeisser, with whom Jeremiah C. Collins and P. Michele Ellison, Washington, DC, were on the brief, for appellee.

Before STEADMAN and FARRELL, Associate Judges, and MACK, Senior Judge.

FARRELL, Associate Judge:

The Washington Metropolitan Area Transit Authority (WMATA) appeals from a jury verdict for the plaintiff-appellee in this personal injury case arising from a beating of appellee by other passengers on a WMATA bus. WMATA contends that its sovereign immunity bars this suit, hence that its motion for summary judgment should have been granted. It also contends that appellee failed to prove proximate causation and, by adducing no expert testimony...

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