ATIYA K. REEVES, APPELLANT,
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, APPELLEE
March 10, 2016.
from the Superior Court of the District of Columbia.
(CAB-810-14). (Hon. Herbert B. Dixon, Jr., Trial Judge).
G. Senftle, with whom John H. Schroth was on the brief, for
K. Guss, Associate General Counsel, WMATA, with whom Gerard
J. Stief, Chief Counsel, Appeals & Special Litigation, and
Patricia B. Donkor, Assistant General Counsel, were on the
brief, for appellee.
BLACKBURNE-RIGSBY and EASTERLY, Associate Judges; and REID,
Senior Judge :
case came to be heard on the transcript of record and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the orders of the trial court are vacated,
and the case is remanded for further proceedings.
personal injury, slip and fall case appellant, Atiya K.
Reeves, appeals the trial court's order granting summary
judgment and the court's order denying her motion for
reconsideration. She claims, in essence, that the trial court
erred by ruling in favor of appellee, Washington Metropolitan
Area Transit Authority (" WMATA" ), as a matter of
law with respect to her claim of negligence. For the reasons
stated below, we vacate the orders of the trial court and
remand this case for further proceedings.
record reveals that on February 24, 2011, at around 5:30 pm,
Ms. Reeves slipped and fell on the floor just inside the pay
gates at the Archives-Navy Memorial-Penn Quarter Metro
station (the " Archives Metro station" ). She filed
a negligence complaint against WMATA on February 12, 2014,
alleging, inter alia, that her " fall was the
direct and proximate result of the unsafe and hazardous
condition of the Metrorail station's floor tiles,"
and that WMATA's failure " to warn or advise [her]
of the unsafe and hazardous condition" was the proximate
cause of her fall and resulting injuries. Following
discovery, WMATA filed a motion for summary judgment, arguing
(1) " there is no evidence of an unreasonably dangerous
condition," and (2) " no reasonable jury could find
in favor of [Ms. Reeves] under a failure to warn
to WMATA's motion were excerpts from the deposition
testimony of Ms. Reeves' engineering expert, Dr. Gregory
Harrison, excerpts from Ms. Reeves' deposition testimony,
and a statement of undisputed facts. WMATA asserted that Dr.
Harrison " rejected any claim that warning signs could
have led to a different outcome here."  However, Dr.
Harrison also testified that as floors age, they " lose
their slip resistance characteristics." He explained
that at a minimum, for a floor surface to provide adequate
slip resistance for safety purposes, the coefficient of
friction of the floor surface should exceed
.45. Dr. Harrison's expert opinion, derived from testing
and his review of the record in this case, was that the
coefficient of friction for the Archives Metro station floor
surface around where Ms. Reeves fell was " well below
.5" within " a number range of .3 to .35." In
laymen's terms, he described the station floor's
" dry condition [as] anything but slip resistant[,] and
when wet it's treacherous." 
Reeves filed an opposition to WMATA's motion, as well as
a motion for reconsideration after the trial court granted
WMATA's motion for summary judgment.
Attached to Ms. Reeves' opposition memorandum was a
" statement of material facts for which there is a
genuine issue," excerpts from her deposition, her
affidavit, the affidavit of Dr. Harrison, and a television
news report. She attached to her motion for reconsideration
excerpts from her deposition, her supplemental affidavit,
excerpts from the deposition testimony of WMATA's station
manager at ...