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JOHNSON v. WASHINGTON METRO. AREA TRANSIT AUTH.

Civ. A. No. 86-3110-LFO.

790 F.Supp. 1174 (1991)

Eleanor T. JOHNSON, et al., Plaintiffs, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

United States District Court, District of Columbia.

December 20, 1991.

Attorney(s) appearing for the Case

David T. Smorodin, W. David Allen and Allen T. Eaton, Eaton, McClellan and Allen, Washington, D.C., for plaintiffs.

Fredric Howard Schuster, Bruce P. Heppen, Arnold Melnick, Robert L. Polk, Office of Gen. Counsel, Washington Metropolitan Transit Authority, Washington, D.C., for defendant.

MEMORANDUM

OBERDORFER, District Judge.

I.

Plaintiffs' decedent died when she jumped from a subway platform into the path of an approaching WMATA train which struck and killed her. On the theory that undisputed evidence established that the train was so close to decedent when she jumped that no effort by an operator could have avoided the fatal strike, this court granted defendant's motion for summary judgment despite evidence that the operator...

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