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AGUEHOUNDE v. DISTRICT OF COLUMBIA

Nos. 93-CV-1116, 93-CV-1213.

666 A.2d 443 (1995)

Georges AGUEHOUNDE, et al., Appellant, v. DISTRICT OF COLUMBIA, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Erica DAVIS, Appellee.

District of Columbia Court of Appeals.

Decided September 25, 1995.

Attorney(s) appearing for the Case

Patrick A. Malone, with whom Jacob A. Stein, Washington, DC, was on the brief, for appellant Aguehounde.

Thomas H. Tallbot for appellee Davis.

Donna Murasky, Assistant Corporation Counsel, with whom Vanessa Ruiz, Acting Corporation Counsel at the time brief was filed, and Charles L. Reischel, Deputy Corporation Counsel, Washington, DC, were on the brief for appellee District of Columbia.

Before STEADMAN, SCHWELB, and KING, Associate Judges.

Opinion for the court by Associate Judge KING.

Dissenting opinion by Associate Judge SCHWELB at p. 454.

KING, Associate Judge:

This appeal presents the question whether the setting of the timing of a traffic light by a municipal employee is a discretionary act which would make the municipality immune from liability for injuries proximately caused by the interval set. We hold, under the circumstances presented here, that such an act is discretionary...

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