SMITH v. WMATA

No. 01-1345.

290 F.3d 201 (2002)

Richard Lee SMITH, Individually and as Personal Representative of the Estate of Richard Hadaway Smith, Deceased; Nancy G. Smith, Individually and as Personal Representative of the Estate of Richard Hadaway Smith, Deceased, Plaintiffs-Appellees, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 2002.


Attorney(s) appearing for the Case

ARGUED: David R. Keyser, Assistant General, Washington Metropolitan Area Transit Authority, Washington, DC, for Appellant. Jack Arthur Gold, Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Washington, DC, for Appellees. ON BRIEF: Cheryl C. Burke, General, Robert J. Kniaz, Deputy General, Gerard J. Stief, Associate General, Washington Metropolitan Area Transit Authority, Washington, DC, for Appellant. Lawrence S. Lapidus, Karp, Frosh, Lapidus, Wigodsky & Norwind, P.A., Washington, DC, for Appellees.

Before MICHAEL, KING, and GREGORY, Circuit Judges.


Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge GREGORY joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge.

In July 1999, the parents of Richard Hadaway Smith, individually and as representatives of his estate, initiated this proceeding against the Washington Metropolitan Area Transit Authority (the "METRO") in the District of Maryland, seeking damages...

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