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MCCRAE v. MARQUES

March 16, 1987

FRANKLIN McCRAE, Plaintiff,
v.
FILIPE MARQUES, Defendant



The opinion of the court was delivered by: HARRIS

 STANLEY S. HARRIS, UNITED STATES DISTRICT JUDGE

 This matter is before the Court upon defendant's motion to strike claims for medical bills and lost wages. Upon consideration of the motion, the opposition thereto, and the entire record herein, the Court concludes that the motion must be granted.

 This case arises from an automobile accident in the District of Columbia on September 26, 1985, between plaintiff Franklin McCrae, a bus driver for the Washington Metropolitan Area Transit Authority (WMATA), and defendant Filipe Marques. Plaintiff's complaint alleges that Marques negligently struck the bus plaintiff was driving, causing plaintiff to suffer permanent disability and to incur medical bills in excess of $ 5,000. WMATA has paid workers' compensation benefits to McCrae and has indicated it intends to pursue a lien against any recovery in this suit.

 The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982 (No Fault), D.C. Code ยงยง 35-2101 through 35-2115 (1985 Supp.), bars plaintiff's recovery for medical bills and lost wages. *fn1" Section 35-2105 of the D.C. Code provides, in part:

 
(a) RESTRICTION.
 
Except as provided in subsection (b), no person may maintain a civil action based on liability against any other person, with respect to an injury as to which personal injury protection benefits are payable under this Act.
 
(b) EXCEPTIONS TO RESTRICTION.
 
The provisions of subsection (a) do not apply if:
 
* * *
 
(4) A person may be liable for noneconomic loss, in accordance with otherwise applicable law, caused a victim and arising from the maintenance or use of a motor vehicle if the victim suffered an injury directly resulting in substantial permanent scarring or disfigurement; substantial and medically demonstrable permanent impairment which has significantly affected the ability of the victim to perform his or her professional activities or usual and customary daily activities; or a medically demonstrable impairment that prevents the victim from performing all or substantially all of the material acts and duties which constitute his or her usual and customary daily activities for more than 180 days;
 
* * *
 
(6) A person may be liable for any noneconomic loss if medical expenses of a victim or his or her survivors exceeds $ 5,000, inclusive of diagnostic x-rays costs . . . . *fn2" ]

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