In re Fort Totten Metrorail Cases Arising Out of the Events of June 22, 2009

• Decision Date: 05 September 2012
• Docket Number: Miscellaneous Case No. 10–314(RBW).
• Citation: 895 F.Supp.2d 48
• Parties: In the Matter of the FORT TOTTEN METRORAIL CASES ARISING OUT OF the EVENTS OF JUNE 22, 2009.
• Court: U.S. District Court — District of Columbia

895 F.Supp.2d 48

In the Matter of the FORT TOTTEN METRORAIL CASES ARISING OUT OF the EVENTS OF JUNE 22, 2009.

Miscellaneous Case No. 10–314(RBW).

United States District Court,

District of Columbia.

Sept. 5, 2012.

Lawrence Searle Lapidus, Andrea Mitchell, The Lapidus Law Firm, PLLC, Allan M. Siegel, Ira Sherman, Joseph Cammarata, Chaikin, Sherman, Cammarata & Siegel, P.C., Brian Keith McDaniel, McDaniel & Associates, David E. Haynes, Stephen D. Annand, The Cochran Firm, Harlow R. Case, Karen E. Evans, Jack Harvey Olender, Melissa Rhea, Sandra H. Robinson, Jack H. Olender & Associates, P., James Charles Bailey, Jason H. Ehrenberg, Bailey & Ehrenberg PLLC, Keith W. Watters, Keith Watters & Associates, Kim D. Brooks–Rodney, Cohen & Cohen, Michael Moureau Wilson, Patrick M. Regan, Victor E. Long, Regan Zambri & Long, PLLC, Richard A. Bussey, Stein, Mitchell & Muse, Eric Neil Stravitz, Mesirow & Stravitz, PLLC, Washington, DC, Alton C. Hale, Gary, Williams, Finney, Lewis, Watson & Sperando, P.L. & Sperando, Stuart, FL, Anna C. Huff Brunkenhoefer, Greg W. Turman, R. Blake Brunkenhoefer, Brunkenhoefer, Almaraz & Turman, PLLC, Corpus Christi, TX, J. Stephen Simms, Marios John Monopolis, Simms & Showers LLP, Baltimore, MD, J. Mitchell Lambros, Lambros & Lambros, Cockeysville, MD, Joseph Alexander Malouf, Gaithersburg, MD, Steven C. Bergeron, Curcio Law, Alexandria, VA, Lawrence M. Mann, Alper & Mann, Bethesda, MD, Michael Harris Feldman, P. Matthew Darby, Berman Sobin Gross Feldman & Darby LLP, Towson, MD, W. Charles Bailey, Simms Showers, LLP, Maryland, MD, for Jenkins.

Brendan H. Chandonnet, Mark F. Sullivan, Washington Metropolitan Area Transit Authority, Robert Bruce Wallace, Wilson Elser Moskowitz Edelman & Dicker, LLP, Washington, DC, Jason R. Waters, Wilson Elser Moskowitz Edelman & Dicker, LLP, William G. Gandy, McLean, VA, for Washington Metropolitan Area Transit Authority.

AMENDED MEMORANDUM OPINION¹

REGGIE B. WALTON, District Judge.

This action was instituted on behalf of individuals who were killed or injured in a collision between two Washington Metropolitan Area Transit Authority (“WMATA”) trains that occurred on June 22, 2009, near WMATA's Fort Totten Metrorail station. Currently before the Court are the following seven contested dispositive motions: (1) WMATA's motion to dismiss Alstom Signaling, Inc.'s (“Alstom”) statute of repose affirmative defense, ECF No. 353; ² (2) Ansaldo STS USA, Inc.'s (“Ansaldo”) motion for judgment on Counts 7, 11, and 15 of the Second Amended Master Complaint, ECF No. 367; (3) WMATA's motion to dismiss the equitable indemnification cross-claims against it, ECF No. 424; (4) Alstom, Ansaldo, and ARINC Incorporated's (“ARINC”) (collectively “corporate defendants”) joint motion for summary judgment on all claims, ECF No. 425; (5) Ansaldo's motion for summary judgment, ECF No. 426; (6) Alstom's motion for summary judgment, ECF No. 427; and (7) ARINC's motion for summary judgment, ECF No. 428. Upon careful consideration of the parties' submissions, the Court concludes for the following reasons that (1) WMATA's motion to dismiss Alstom's statute of repose defense must be granted in part and denied in part; (2) Ansaldo's motion for judgment on Counts 7, 11, and 15 of the Second Amended Master Complaint must be granted; (3) WMATA's motion to dismiss the equitable indemnification cross-claims against it must be granted; (4) the corporate defendants' motion for summary judgment must be denied; (5) Ansaldo's motion for summary judgment must be denied; (6) Alstom's motion for summary judgment must be denied; and (7) ARINC's motion for summary judgment must be granted in part and denied in part.

I. Standards of Review

A. Motion to Dismiss under Rule 12(b)(1)

When a defendant moves for dismissal under Federal Rule of Civil Procedure 12(b)(1), “the plaintiff[ ] bear[s] the burden of proving by a preponderance of the evidence that the Court has subject matter jurisdiction.” Biton v. Palestinian Interim Self–Gov't Auth., 310 F.Supp.2d 172, 176 (D.D.C.2004); see Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). A court considering a Rule 12(b)(1) motion must “assume the truth of all material factual allegations in the complaint and ‘construe the complaint liberally, granting [a] plaintiff the benefit of all inferences that can be derived from the facts alleged.’ ” Am. Nat'l Ins. Co. v. FDIC, 642 F.3d 1137, 1139 (D.C.Cir.2011) (quoting Thomas v. Principi, 394 F.3d 970, 972 (D.C.Cir.2005)). However, “the district court may consider materials outside the pleadings in deciding whether to grant a motion to dismiss for lack of jurisdiction.” Jerome Stevens Pharm., Inc. v. FDA, 402 F.3d 1249, 1253 (D.C.Cir.2005) (citing Herbert v. Nat'l Acad. of Sciences, 974 F.2d 192, 197 (D.C.Cir.1992)).

B. Motion for Judgment on the Pleadings under Rule 12(c)

Federal Rule of Civil Procedure 12(c) permits “a party [to] move for judgment on the pleadings” so long as the motion is made “[a]fter the pleadings are closed—but early enough not to delay trial.” “The standard for a motion for judgment under Rule 12(c) is essentially the same standard as a motion to dismiss under Rule 12(b)(6).” Rollins v. Wackenhut Servs., 802 F.Supp.2d 111, 116 (D.D.C.2011) (citing, among others, Schuchart v. La Taberna Del Alabardero, Inc., 365 F.3d 33, 35 (D.C.Cir.2004)). Accordingly, when considering a Rule 12(c) motion, “the court must accept the nonmovant's allegations as true and should view the facts in the light most favorable to the nonmovant.” Bowman v. District of Columbia, 562 F.Supp.2d 30, 32 (D.D.C.2008). “The court should grant a motion for judgment on the pleadings if the movant ‘is entitled to judgment as a matter of law.’ ” Id. (quoting Burns Int'l Sec. Servs. v. Int'l Union, 47 F.3d 14, 16 (2d Cir.1995)).

C. Motion for Summary Judgment under Rule 56

A motion for summary judgment will be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the initial burden of showing the absence of a disputed material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party opposing a motion for summary judgment “may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A material fact is one that “might affect the outcome of the suit under the governing law.” Id. “The evidence is to be viewed in the light most favorable to the nonmoving party and the court must draw all reasonable inferences in favor of the nonmoving party.” Talavera v. Shah, 638 F.3d 303, 308 (D.C.Cir.2011) (citing Anderson, 477 U.S. at 255, 106 S.Ct. 2505). “Although summary judgment is not the occasion for the court to weigh credibility or evidence, summary judgment is appropriate ‘if the nonmoving party fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.’ ” Id. (citations omitted). “[T]here is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a [reasonable] jury to return a verdict for that party.” Anderson, 477 U.S. at 249, 106 S.Ct. 2505. “The mere existence of a scintilla of evidence in support of the [non-moving party's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [non-moving party].” Id. at 252, 106 S.Ct. 2505 (emphasis added).

II. WMATA's motion to dismiss Alstom's statute of repose affirmative defense³

A. Introduction

Alstom asserts, as an affirmative defense, that WMATA's cross-claims for contribution and contractual indemnity are time-barred under the District of Columbia's (“District”) statute of repose. WMATA moves to dismiss this affirmative defense, arguing that its cross-claims fall under two exceptions to the District's statute of repose: (1) the exception for claims asserted by the District of Columbia government, and (2) the exception for claims based on a contract.

The Court concludes that WMATA's cross-claim for contractual indemnity falls under the statute of repose's exception for claims based on a contract, but that its cross-claim for contribution does not. The Court also concludes that neither cross-claim falls under the statute of repose's exception for claims brought by the District. Accordingly, WMATA's motion is granted in part and denied in part.

B. Background

WMATA filed a cross-claim against Alstom containing two counts: Count I is for contribution, and Count II is for contractual indemnity. See ECF No. 140 ¶ ¶ 84–90. The contribution claim asserts that if WMATA is found liable to the plaintiffs, WMATA is entitled to contribution from Alstom with respect to damages proximately caused by Alstom's negligently and defectively designed automatic train control system. Id. ¶¶ 85–86. The contractual indemnity claim asserts that if WMATA is found liable to the plaintiffs, it is entitled to indemnification from Alstom pursuant to several provisions of a contract between the parties. Id. ¶ 88. In its Answer to WMATA's cross-claim, Alstom asserts that WMATA's cross-claims for contribution and indemnification are time-barred under the District's statute of repose. ECF No. 178 ¶ 10.

The District's statute of repose bars “any action” for “personal injury” or “wrongful death ... resulting from the defective or unsafe condition of an improvement to real property” if the injury or death occurs more than ten years after the “improvement was substantially completed.” D.C.Code § 12–310(a)(1)(A) (2001).⁴ The statute also bars any action “for contribution or indemnity which is brought as a result of such injury or death” if the...