Legal Opinion · Concurrence
Washington Metropolitan Area Transit Authority v. Davis
District of Columbia Court of Appeals
Decided April 3, 1992No. 90-753, 90-754, 90-755Published
1ConcurrenceFarrell, Associate Judge
I agree with the majority that the trial judge should have entered judgment as a matter of law in favor of WMATA, that plaintiff Brooks was contributorily negligent as a matter of law, and that the District of Columbia is entitled to a new trial on both liability and damages. I write briefly only to state my understanding of why plaintiffs’ case against WMATA failed.
The issue is troublesome, for there was abundant evidence from which the jury could find that the WMATA bus driver was traveling negligently — even recklessly— well in excess of the speed limit down the busy thoroughfare of 18th…
2Cases cited8 opinions
- Washington Metropolitan Area Transit Authority v. JonesDistrict of Columbia Court of Appeals · 1982
- D. C. Transit System, Inc. v. HarrisDistrict of Columbia Court of Appeals · 1971
- Nesta v. MeyerNew Jersey Superior Court Appellate Division · 1968
- Davis v. Brooks Transportation CompanyDistrict Court, D. Delaware · 1960
- Gulf Oil Corporation v. Ernest E. Reed, as Administrator of the Estate of Dwight K. Reed, DeceasedCourt of Appeals for the D.C. Circuit · 1964
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