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JOHNSON v. WASHINGTON METRO. AREA TRANSIT AUTH.

Civ. A. No. 86-3110-LFO.

867 F.Supp. 1103 (1994)

Eleanor T. JOHNSON, et al., Plaintiffs, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

United States District Court, District of Columbia.

November 15, 1994.

Attorney(s) appearing for the Case

Allen T. Eaton, W. David Allen, and David T. Smorodin, Eaton, McClellan & Allen, Washington, DC, for plaintiffs.

Fredric H. Schuster and Bruce P. Heppen, Asst. Gen. Counsel — WMATA, Washington, DC, for defendant.

MEMORANDUM AND ORDER

OBERDORFER, District Judge.

I.

On March 20, 1986, Devora Johnson leaped from the train platform at the lower level of the Metro Center subway station. An oncoming subway train struck and killed her. Plaintiffs are Devora's parents. It is undisputed that decedent "assumed the risk and was contributorily negligent by jumping into the path of an oncoming train." Johnson v. Washington Metro. Area Transit Auth.,

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