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JOHNSON v. WASHINGTON METRO. AREA TRANSIT AUTHORITY

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

901 F.Supp. 1 (1995)

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

United States District Court, District of Columbia.

September 29, 1995.

Attorney(s) appearing for the Case

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

Fredric H. Schuster, Associate General Counsel-WMATA, Washington, DC, for defendant.

MEMORANDUM

OBERDORFER, District Judge.

In 1989 the Court of Appeals remanded this case for resolution of a disputed material fact: could an unimpaired operator have stopped the train after decedent appeared on the track and before the train struck her? Johnson v. WMATA, 883 F.2d 125, 132 (D.C.Cir.1989). One jury was unable to agree. A second jury has resolved that issue in favor of plaintiffs and has awarded...

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