Walker v. Nat'l R.R. Passenger Corp.

• Decision Date: 23 March 2010
• Docket Number: Civil Action No. WGC-09-272.
• Citation: 703 F.Supp.2d 495
• Parties: Marva WALKER, Plaintiff,v.NATIONAL RAILROAD PASSENGER CORPORATION, d/b/a “Amtrak,” Defendant.
• Court: U.S. District Court — District of Maryland

703 F.Supp.2d 495

Marva WALKER, Plaintiff,v.NATIONAL RAILROAD PASSENGER CORPORATION, d/b/a “Amtrak,” Defendant.

Civil Action No. WGC-09-272.

United States District Court,

D. Maryland.

March 23, 2010.

Glenn P. Heiser, Turbitt and Oherron PLLC, Burke, VA, Manuel R. Geraldo, Robinson and Geraldo PC, Washington, DC, for Plaintiff.

Stephen B. Caplis, Daniel W. Goldberg, Setliff and Holland, Baltimore, MD, for Defendant.

MEMORANDUM OPINION

WILLIAM CONNELLY, United States Magistrate Judge.

Plaintiff Marva Walker (“Ms. Walker” or “Plaintiff”) brought this action against Defendant National Railroad Passenger Corporation, d/b/a Amtrak (“Amtrak” or “Defendant”) alleging negligence for creating and not repairing a dangerous condition and for not warning invitees of the dangerous condition. 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. See Document Nos. 13, 15. Pending before the Court and ready for resolution is Defendant's Motion for Summary Judgment (Document No. 25). Plaintiff filed a Response (Document No. 26) and Defendant a Reply (Document No. 28). No hearing is deemed necessary and the Court now rules pursuant to Local Rule 105.6 (D.Md.2009).

BACKGROUND ¹

On August 24, 2005 Ms. Walker arrived at the New Carrollton station in New Carrollton, Maryland to take a train north to attend a Benny Hinn Partners Conference. Ms. Walker had visited the New Carrollton station a couple of times before August 24, 2005.

Q: Had you ever been to the New Carrollton station prior to August 24, 2005?

A: Yes.

Q: When was the first time you were at the New Carrollton station would you say?

A: I can't tell you exactly. I could tell you I've been there at least maybe two or three times because I used that station to go to some trade shows in Pennsylvania and in New York before, for my business.

Def.'s Mem. Supp. Mot. Summ. J. (“Def.'s Mem.”), Ex. A (Walker Dep. 33:11-19).

The weather on August 24, 2005 was “nice” according to Ms. Walker. She arrived at the New Carrollton station in the afternoon. Ms. Walker acquired her ticket for the train downstairs and then proceeded upstairs to the platform via an escalator.

Q: You took an escalator upstairs, you turned to your right and you walked-let's see if I got this right-maybe, what, three or four steps before falling?

A: No, not three or four.

Q: How many steps?

A: Maybe about ten or so.

Q: Did you ever look down at the ground between the time you turned the corner and the time you stepped into what you're calling a pothole?

A: Did I look down?

Q: Yes, ma'am. Did you look at the ground?

A: Yes, I did.

Q: Did you ever see the pothole before stepping into it?

A: No, I did not.

Q: Did you look?

A: I just answered that question, I said yes.

* * *

Q: And you're saying you looked down at the ground, but you never saw [the pothole]?

A: That's correct.

Q: And were your eyes focused on the ground all during the ten steps you took?

A: I said approximately ten steps.

Q: All during-

A: Now, as I said, the view, when I turned, made that right, I told you there were two ladies standing to the right. So, when I looked forward, I did not see [the pothole]. It's after I passed them, because the platform is narrow, it's after I passed them and was going and was going like gearing back to my right, away from the platform, because, as I said, it's a narrow platform, that's when my foot, my right foot, ended up in the pothole. So, that's what-that's what occurred. So, I did not see this ahead of time. Of course, I would not have stepped in a pothole.

Q: You could have avoided it had you looked and seen it, right? You would have walked around it?

A: No, that's not what you said.

* * *

A: You said did I look where I was going when I turned. I told you I looked, I saw the platform, which was a clear platform, what I saw. There were two ladies standing on the right. When I went to pass them, because the platform was so narrow, when I went to pass them and to the point to gear back away from the-where the train-where the end of the platform was, that's when my foot-that's when I stepped in that pothole. Okay? When I passed them, the ladies, how they were standing apparently obstructed the pothole, so I did not see that.

* * *

Q: When you passed the two ladies, were you looking at them or were you looking at the ground?

A: Sir, when I made that corner, I proceeded to make the corner to go down a little bit more on the platform. When I turned the corner, I was-I was-what was in front of me was clear. Okay? What was in front of me was clear. So, I had no need otherwise-like I wasn't-I was not distracted. I was looking straight to where I was going.

Q: Straight ahead? You were looking straight ahead?

A: I was looking-you asked me if I was looking at the platform. Now, I think when we look at something, I think we have peripheral vision, we have different senses of vision. So, if I'm looking at you, that does not mean I'm not looking, I don't see these pictures right here. Okay?

So, the whole thing is that when I turned that corner, the platform was clear at that point. The ladies were standing to my right. It was close to the end of the platform because and-

Q: Which end?

A: I'm sorry?

Q: Which end? The end towards the tracks or-

A: Towards the tracks. That's why I geared to the right, to get away from the-towards the end of the tracks.

Id., Ex. A (Walker Dep. 46:4-21, 48:8-49:19, 50:20-52:2).

In response to further questioning Ms. Walker provided additional details about her surroundings on the day of the incident.

Q: We talked about the two ladies on the right. Other than the two ladies on your right, if you remember, can you describe the platform as being particularly crowded or was it clear ahead of you?

A: All I can say about the platform is that when I turned the [corner] and I had to look down to see the condition because I had a small luggage, a pull luggage with wheels. If you have a pull luggage with wheels, whether you're walking or not, those little things, it needs a-it needs pretty much a smooth surface to come-to drag on. It was a smaller size of the like the three luggage that I was pulling. So, I had to observe where I was going, that's all I can say about that.

Q: Well, are you saying that-

A: Are you asking a specific question now?

Q: I'm asking the question-listen to my question.

A: Okay. I'm listening.

Q: I'm only asking, did you notice whether, whether, it was crowded ahead of you with other people ready to board the train or were you-besides the two ladies, we're not talking two [sic] the ladies, now, standing next to the wall, other than the two ladies.

A: Well, I didn't say, necessarily, against, on the wall. Q: Okay. Wherever they were standing, to the side. A: Yes, next to the wall.

Q: Was it crowded ahead of you, that's all I'm asking you, with other folks heading in the direction you were heading?

A: Oh, you mean with others walking ahead of me?

Q: Yes.

A: No, there was no one walking ahead of me, not immediately ahead of me or anything like that, no.

Q: Now we'll refer specifically to exhibit 4, which is what you say looks like to you the, and I'm going to use your term, the pothole that you say you stepped in.

A: Exactly.

Q: Did you ever see this particular pothole, if you remember, before stepping on it?

A: No sir, or else I would not have stepped in it.

Q: When you say “or else I would not have stepped on it,” let me just clarify that. Do you mean you would have walked around it, you would have tried to avoid it? When you say “or else I would not have stepped in it,” what do you mean?

A: Exactly what I said. No one steps, in their right mind, steps in a pothole.

Q: What happened to you? And which foot went into the pothole?

A: My right foot. Q: What happened?

A: It twisted. My foot twisted inward and the rest of my-and I twisted because I had-I had my pocketbook. I had a smaller case and a pulley luggage. That's really what kept me, kept me from falling down on the ground or over on the tracks because I had that extra-the luggage, the pull luggage, or else I would have been over on the tracks.

Q: Okay.

A: That's why I didn't fall to the ground, because I had some resistance with that weight.

Q: What kind of shoes were you wearing that day, if you remember?

A: I know the investigator took a picture of the shoes. Some little pumps.

Id., Ex. A (Walker Dep. 52:21-56:2).

Ms. Walker stepped in the “pothole” about two minutes before the arrival of the train. Ms. Walker ultimately boarded the train, declining an inquiry by the conductor about a need for medical attention. When Ms. Walker arrived at Penn Station, she was taken off in a wheelchair and subsequently taken to the emergency room at St. Vincent's. According to Ms. Walker she did not receive treatment at the emergency room but was given instructions regarding how to care for her right foot.

As a result of her slipping on the platform at Amtrak's New Carrollton station, Ms. Walker claims she “sustained serious and permanent injuries, has been caused to lose time and wages from her work, has suffered physical pain, and has incurred medical bills.” Compl. ¶ 9. Ms. Walker seeks $75,000 in damages.

JURISDICTION AND VENUE

Amtrak was created by the Rail Passenger Services Act of 1970. Amtrak is not a publicly traded company. All of Amtrak's issued and outstanding preferred stock is owned by the United States government, through the U.S. Department of Transportation, headquartered in Washington, D.C. See Document No. 7 ¶ 2.

Subject matter jurisdiction therefore is based on a corporation organized under federal law pursuant to 28 U.S.C. § 1349. This section states, “[t]he district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock.” See Maryland Transit Admin. v. National R.R. Passenger Corp., 372 F.Supp.2d 478,...