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WASHINGTON METRO. AREA TRANSIT v. JOHNSON

No. 96-SP-1784.

699 A.2d 404 (1997)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. Eleanor T. JOHNSON, et al., Appellees.

District of Columbia Court of Appeals.

Decided August 28, 1997.

Attorney(s) appearing for the Case

Bruce P. Heppen, Potomac, MD, with whom Robert L. Polk, Robert J. Kniaz, and Frederic H. Schuster, Washington, DC, were on the brief, for appellant.

Frank M. McClellan, with whom Allen T. Eaton, and La'Vern D. Wiley, Washington, DC, were on the brief, for appellees.

Before RUIZ and REID, Associate Judges, and KERN, Senior Judge.

RUIZ, Associate Judge:

Eleanor and Franklin Johnson filed wrongful death and survival actions against Washington Metropolitan Area Transit Authority (WMATA) for the death of their daughter, Devora Johnson, who, on March 20, 1986, jumped onto the tracks before an oncoming train. It is undisputed that by jumping onto the tracks Devora Johnson intended to commit suicide. However, her death could have been avoided if the train conductor had not delayed in engaging the...

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