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BRIGGS v. WASHINGTON METROPOLITAN AREA TRANSIT

No. 06-7037.

481 F.3d 839 (2007)

Judith C. BRIGGS, Personal Representative for the Estate of Gregory Derringer, Deceased, Appellant v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 2007.

Attorney(s) appearing for the Case

Calvin Steinmetz argued the cause for appellant. With him on the briefs was Thomas Lester.

John J. Hathway and Andrew J. Marcus argued the cause for appellees Washington Metropolitan Area Transit Authority, et al. With them on the brief were Michael C. Gartner, Keith M. Bonner, and Andrew Butz.

James C. McKay, Jr., Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee District of Columbia. With him on the brief were Robert J. Spagnoletti, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Attorney General.

Before: ROGERS and KAVANAUGH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

EDWARDS, Senior Circuit Judge.

Judith C. Briggs filed a wrongful death and survival action seeking to recover damages from the Washington Metropolitan Area Transit Authority ("WMATA" or "Metro"), the District of Columbia ("District"), the Washington Convention Center Authority ("Authority"), Clark Construction Company ("Clark"), and Sherman R. Smoot Company ("Smoot") after an unknown assailant murdered her son near the top of the escalators at a Metro station in Washington...

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