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JUVENALIS v. DISTRICT OF COLUMBIA

No. 05-CV-650.

955 A.2d 187 (2008)

Joseph JUVENALIS, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Anitha Johnson, for appellant.

Mary L. Wilson, Senior Assistant Attorney General, with whom Linda Singer, Acting Attorney General of the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General at the time the brief was filed, were on the brief, for appellee.

Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and NEBEKER, Senior Judge.

BLACKBURNE-RIGSBY, Associate Judge:

Appellant Joseph Juvenalis appeals a judgment on the verdict denying his recovery for injuries he sustained as a pedestrian in an automobile accident involving a Metropolitan Police Department ("MPD") van. The jury found that he assumed the risk of the accident despite determining that the MPD officer driving the van was negligent. The issue before us on appeal is whether the jury should have been given the assumption of risk jury...

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