Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Lopez v. Washington Metropolitan Area Transit Authority
United States District Court, D. Maryland
November 29, 2016
MARY JESSENIA LOPEZ Plaintiff,
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Defendant.
WILLIAM CONNELLY, UNITED STATES MAGISTRATE JUDGE
Mary Jessenia Lopez (“Plaintiff” or “Ms.
Lopez”) brought this action against the Washington
Metropolitan Area Transit Authority (“Defendant”
or “WMATA”) alleging negligence and seeking $30,
000.00 in damages. 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. This case was
thereafter referred to the undersigned. See ECF No.
10. Pending before the court and ready for resolution is
WMATA's Motion for Summary Judgment (ECF No. 15). Ms.
Lopez filed an Opposition (ECF No. 18) and WMATA filed a
Reply (ECF No. 19). No hearing is deemed necessary and the
court now rules pursuant to Local Rule 105.6 (D. Md. 2016).
morning of November 13, 2012, about 6:00 a.m., Ms. Lopez
stood at a bus stop on Merrimac Drive in Hyattsville,
Maryland, awaiting the arrival of the K6 Metro Bus. It was
raining lightly or, as Ms. Lopez describes, “a little
bit.” She was the only individual at the bus stop. Ms.
Lopez took the K6 Metro Bus routinely. The only item she
carried was a lunch bag. She wore tennis shoes. During her
July 19, 2016 deposition, in response to questions by
WMATA's counsel, Ms. Lopez described the sequence of
Q Just from the time you got to the doors until the time you
paid your fare, was there anything unusual about the way you
boarded the bus that day?
A No. I paid my fare that day and once I paid [the bus
driver] took off hard, bruskly, and I went backwards.
Q Where was your - when you boarded the bus were there any
A Yes, there were.
Q Where was your intended seat?
A I just got off - I just got on and I fell, I hadn't
take[n] a seat yet. After I fell I took a seat.
Q How far back had you made it before you fell?
A How much? What do you mean?
Q How far behind the driver were you when you fell?
A For three steps in front.
Q Three steps behind the driver?
A Um-hum, three steps when I fell and I couldn't stop
Q Were you holding on to anything as you walked back?
A No, because I hadn't yet reached the part where they -
there is to hold on to.
Q Is it the same three steps behind the driver when the bus
A No, the bus started moving when I entered. I took three
steps and then fell. She was going like this, fast.
Q Had you paid your fare when the bus started moving?
A Yes, I just paid and all of a sudden she took off, there
was no time.
Q Had you taken any steps between the time you paid and the
time when the bus started moving?
A I paid, I paid. I started walking and she took off, she
didn't give me time to walk.
Q Was the floor of the bus wet?
Q Could you see that the floor of the bus was wet when you
boarded the bus?
A No, I didn't realize because when I got in all of a
sudden I didn't ...
Buy This Entire Record For