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WMATA v. FERGUSON

No. 08-CV-668.

977 A.2d 375 (2009)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. Karen FERGUSON, Appellee.

District of Columbia Court of Appeals.

Decided August 6, 2009.

Attorney(s) appearing for the Case

Janice L. Cole, Associate General Counsel, with whom Carol B. O'Keeffe, General Counsel, and Mark F. Sullivan, Deputy General Counsel, were on the brief, for appellant.

Victor E. Long, Washington, DC, for appellee.

Before REID, FISHER, and OBERLY, Associate Judges.

OBERLY, Associate Judge:

Karen Ferguson brought a negligence suit against the Washington Metropolitan Area Transit Authority, alleging that she fell on a broken tree grate at a Metro station operated by WMATA. A jury found for Ferguson. Although we do not lightly disturb jury verdicts, we agree with WMATA that the evidence at trial was insufficient as a matter of law to put WMATA on actual or constructive notice that the tree grate was broken. Accordingly, we reverse...

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