Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Andrews v. MV Transp.

United States District Court, D. Columbia.

September 1, 2015

RONNIE ANDREWS, et al., Plaintiff,
v.
MV TRANSPORTATION, Defendant

          For RONNIE ANDREWS, Similarly Situated Plaintiffs, Plaintiff: Alfred Long Scanlan, Jr., LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD.

         For CLARENCE HOLBROOK, KELLEY JOHNSON, LINDA MARSHALL, PATRICIA JAMES, THOMAS JAMES, TONY RICE, Plaintiffs: Alfred Long Scanlan, Jr., LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD; David M. Wasser, LEAD ATTORNEY, PRO HAC VICE, Rockville, MD.

         For MARIO BONDS, Plaintiff: Alfred Long Scanlan, Jr., LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD.

         For LOUTENIA GREEN, Plaintiff: Alfred Long Scanlan, Jr., LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD; Angela M. Roberts, LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD; David M. Wasser, LEAD ATTORNEY, PRO HAC VICE, Rockville, MD.

         For TINA GRAHAM, Plaintiff: Alfred Long Scanlan, Jr., LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD; Angela M. Roberts, LEAD ATTORNEY, GODWIN, ERLANDSON, MACLAUGHLIN, VERNON & DANEY, LLC, Ellicott City, MD.

         For MV TRANSPORTATION, INC., Defendant: Tamara B. Goorevitz, LEAD ATTORNEY, FRANKLIN & PROKOPIK, Baltimore, MD; Kerry Raymond, FRANKLIN & PROKOPIK, Baltimore, MD.

Page 10

         MEMORANDUM OPINION

         ELLEN SEGAL HUVELLE, United States District Judge.

         Plaintiffs Ronnie Andrews, Patricia James, Thomas James, Kelley Johnson, Clarence Holbrook, and Mario Bonds (" plaintiffs) bring this action against MV Transportation, Inc. (" defendant" ) alleging that they were exposed to tuberculosis by Henry Chase, a MetroAccess driver infected with the disease. (Amended Complaint, Jan. 3, 2012, ECF No. 29 (" Compl." ) ¶ 5.) Before the Court is defendant's Amended Motion for Summary Judgment based on plaintiffs' failure to produce any material evidence showing that the driver was negligent.

         BACKGROUND

         This case had been proceeding concurrently with a related matter before D.C. Superior Court, McKissick et al. v. MV Transportation, Inc. No. 11-8681, when this Court stayed the federal proceedings pending the resolution of McKissick. (Stay Order, April 30, 2013, ECF No. 58.) In consideration of the fact that there were only eight plaintiffs in this matter--compared to sixty in Superior Court--and discovery in the federal case was relatively immature by comparison, the Court felt that it would be inappropriate, at that time, for the smaller subset of plaintiffs to " essentially take the lead so as to overshadow the pending suit in Superior Court" when the facts and claims were effectively identical. (Memo. Op., April 30, 2013, ECF No. 57.)

         Judge Anita Josey-Herring of D.C. Superior Court entered summary judgment for defendant MV Transportation on the grounds that plaintiffs had failed to demonstrate that a dispute as to a material fact existed as to whether Mr. Chase (" driver" ) or MV Transportation had notice of any possible infection with tuberculosis. McKissick, et al. v. MV Transportation, Inc., No. 11-8681 (D.C. Super. Ct. Dec. 2, 2013). Plaintiffs appealed, and the D.C. Court of Appeals affirmed. McKissick et al. v. MV Transportation, 107 A.3d 1119 (D.C. 2014). The appellate panel added that, apart from Mr. Chase's lack of actual or constructive knowledge of his condition, plaintiffs had also failed to demonstrate any evidence that Mr. Chase was actually infected with a serious disease while driving passengers. 107 A.3d 1119, Id. at *2 (" [T]here is also no evidence that Mr. Chase actually had TB, or another serious communicable disease, during the

Page 11

relevant period. Indeed the only credible medical evidence in the record is that Mr. Chase was suffering from bronchitis ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.