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SMITH v. WMATA

No. 91-CV-529.

631 A.2d 387 (1993)

Carroll SMITH, Appellant, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al., Appellees.

District of Columbia Court of Appeals.

Decided September 16, 1993.

Attorney(s) appearing for the Case

Vanessa M. Carpenter, with whom Jay M. Berkowitz, Adelphi, MD, was on the brief, for appellant.

Cynthia R. Mabry, Asst. Gen. Counsel, with whom Robert L. Polk, Gen. Counsel, Arnold I. Melnick, Deputy Gen. Counsel, and Gerard J. Stief, Asst. Gen. Counsel, Washington, DC, were on the brief, for appellee WMATA.

Jonathan S. Resnick, Washington, DC, for appellee Restrepo.

Before FARRELL and WAGNER, Associate Judges, and GALLAGHER, Senior Judge.

GALLAGHER, Senior Judge:

This is an appeal from an order of the Superior Court granting summary judgment in favor of appellees Washington Metropolitan Area Transit Authority (hereinafter "WMATA") and Alfonso Rojas Restrepo in a negligence action brought by appellant Carroll Smith as a result of a motor vehicle accident. In determining whether summary judgment was properly entered against Smith, the principal issue we are...

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