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WASHINGTON METROPOLITAN AREA v. JOHNSON

No. 96-SP-1784.

726 A.2d 172 (1999)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. Eleanor T. JOHNSON, et al., Appellees.

District of Columbia Court of Appeals.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Bruce P. Heppen, with whom Robert L. Polk, Robert J. Kniaz, and Fredric H. Schuster, Washington, DC, were on the brief, for appellant.

Frank M. McClellan, with whom Allen T. Eaton and LaVern D. Wiley, Washington, DC, were on the brief, for appellees.

Jo Anne Robinson, Principal Deputy Corporation Counsel, with whom Charles L. Reischel, Deputy Corporation Counsel, and James C. McKay, Jr., Assistant Corporation Counsel, filed a brief for the District of Columbia as amicus curiae.

Before WAGNER, Chief Judge, and TERRY, STEADMAN, SCHWELB, FARRELL, RUIZ and REID, Associate Judges, and KING, Senior Judge.

ON REHEARING EN BANC

FARRELL, Associate Judge:

Pursuant to D.C.Code § 11-723 (1995), the United States Court of Appeals for the District of Columbia Circuit has certified the following question to this court:

Under District of Columbia law, and upon the facts described below, may a plaintiff who has voluntarily assumed an unreasonable risk of incurring a particular injury recover from a defendant who failed to

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