Opinion

Washington Metropolitan Area Transit Authority v. Jones

  • 443 A.2d 45
  • 1982 D.C. App. LEXIS 314
Court
District of Columbia Court of Appeals
Filed
Mar 24, 1982
Status
Published
Author
Ferren
On the bench
Newman, Kelly, Kern, Nebeker, Harris, MacK, Ferren, Pryor, Belson
Cited by
43 cases
Authority
More cited than 10.3%

describing contributory negligence as a matter of law as “the exceptional case”

How later courts described this case

  • describing contributory negligence as a matter of law as “the exceptional case”
  • the jury decided that the taxi cab owed a duty to ensure the crosswalk was clear before driving through the intersection
  • noting that the jury weighs witness credibility and resolves disputes regarding speed and distances
  • “It is only in a case where the facts are undisputed and, considering every legitimate inference, only one conclusion may be drawn, that the trial court may rule as a matter of law on ... proximate cause” (citations omitted)

Written by the judges who cited it.

The opinion

FERREN, Associate Judge,

with whom NEWMAN, Chief Judge, joins, concurring:

While I join in Judge KELLY’s opinion for the court, I would add that the facts here, manifesting negligence by the drivers of both vehicles, provide a classic illustration of why legislatures or courts — in 36 jurisdictions to date — have adopted the doctrine of comparative negligence. See Alvis v. Ribar, 85 Ill.2d 1, 11-14 , 52 Ill.Dec. 23 , 28-33, 421 N.E.2d 886, 891-95 (1981). See generally R. E. Keeton, Venturing To Do Justice 45-53, 85-89 (1969).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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