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Jackson v. Washington Metropolitan Area Transit Authority

United States District Court, D. Maryland

November 4, 2016

TILLIE JACKSON Plaintiff,
v.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Defendant.

          MEMORANDUM & ORDER

          WILLIAM CONNELLY MAGISTRATE JUDGE

         On February 18, 2016, in the District Court of Maryland for Prince George's County, Plaintiff Tillie Jackson (“Plaintiff” or “Ms. Jackson”) brought this action against Defendant Washington Metropolitan Area Transit Authority (“Defendant” or “WMATA”) alleging negligence. According to the Complaint on March 30, 2013 at approximately 2:30 p.m., Ms. Jackson was stopped at a traffic light on 2nd Street, N.W., by the intersection of H Street, N.W. in Washington, D.C. Patrick Adams, an agent, servant, and/or employee of WMATA was operating a Metro Bus which struck the rear of the vehicle operated by Ms. Jackson. See ECF No. 2 at 4 ¶¶ 3-7. On April 8, 2016 WMATA removed this case to this court. See ECF No. 1.

         On May 5, 2016 the parties consented to proceed before a United States Magistrate Judge for all further proceedings in the case and the entry of a final judgment. See ECF Nos. 9-10. The following day the case was referred to the undersigned. See ECF No. 11. Pending before the court and ready for resolution is Ms. Jackson's Motion for Summary Judgment (ECF No. 16). WMATA filed a Response (ECF No. 17) and Ms. Jackson filed a Reply (ECF No. 20). No hearing is deemed necessary and the court now rules pursuant to Local Rule 105.6 (D. Md. 2016).

         BACKGROUND

         On September 14, 2016 Ms. Jackson served her Answers to WMATA's First Set of Interrogatories. In response to Interrogatory No. 5 (“Describe in detail the facts as to how you contend that the occurrence took place.”), Ms. Jackson answered as follows:

On or about March 30, 2013, at approximately 2:28 p.m., Plaintiff was in a motor vehicle, stopped on H Street, at or near its intersection with 2nd Street in Washington, D.C. At the same time and approximate location, Patrick Adams was operating Metro-Bus, traveling on 2nd Street towards the intersection of 2nd Street and H Street. At all times therein relevant, Patrick Adams was acting as the agent, servant, and/or employee of Defendant, was operating the Metro-Bus with the express permission of Defendant, and was operating said motor vehicle in furtherance of his employment with Defendant. Patrick Adams, who failed to pay proper time and attention to the roadway, made a left-hand turn onto H Street and struck Plaintiff's vehicle.

ECF No. 16-2 at 3-4. Three weeks prior to Ms. Jackson serving her Answers, on August 23, 2016, Ms. Jackson's counsel served WMATA's counsel with Plaintiff's Request for Admission of Facts and Genuineness of Documents by e-mail and by first class mail. See ECF No. 16-2 at 10, 11-16. WMATA's Responses were due September 26, 2016.[1] As of October 11, 2016, the date Ms. Jackson moved for summary judgment, WMATA had not admitted, objected, answered, or otherwise responded to Plaintiff's Requests for Admission. ECF No. 16-1 at 4.

         Ms. Jackson's Requests for Admission are as follows:

1. On or about March 30, 2013, at approximately 2:28 p.m., Plaintiff was in a motor vehicle, stopped on H Street, at or near its intersection with 2nd Street in Washington, D.C.
2. At the same time and approximate location, Patrick Adams was operating Metro-Bus, traveling on 2nd Street towards the intersection of 2nd Street and H Street.
3. At all times therein relevant, Patrick Adams was acting as the agent, servant, and/or employee of Defendant, was operating the Metro-Bus with the express permission of Defendant, and was operating said motor vehicle in furtherance of his employment with Defendant.
4. Patrick Adams, who failed to pay proper time and attention to the roadway, made a left-hand turn onto H Street and struck Plaintiff's vehicle.
5. Plaintiff in no way caused or contributed to the accident in question.
6. That, as a direct and proximate result of Defendant's negligence, Plaintiff suffered severe and possibility permanent physical injuries, pain and suffering, psychological harm, and other damages.
7. That the previously produced bill from Fort Washington Medical Center in the amount of $328.61 is admissible under Federal Rule of Evidence 803(6) as a record of a regularly conducted business activity.
8. That the previously produced bill from Fort Washington Medical Center in the amount of $328.61 satisfies the requirements for authentication and identification as set forth in Federal Rule of Evidence 901(a).
9. That the previously produced bill from Fort Washington Medical Center in the amount of $328.61 is fair, reasonable, and customary.
10. That the previously produced bill from Fort Washington Medical Center in the amount of $328.61 is causally related to the subject motor vehicle accident.
11. That the previously produced bill from Greater Washington Emergency Physicians in the amount of $459.00 is admissible under Federal Rule of Evidence 803(6) as a record of ...

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