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Duggan v. District of Columbia

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Appeal from the Superior Court of the District of Columbia (Hon. Stephen F. Eilperin, Trial Judge)

Argued October 14, 1999

Appellants, Ellen Duggan and Francis Duggan, individually and as parents and natural guardians of Patricia Duggan, a minor, sued appellee, the District of Columbia (District), for damages for personal injuries their daughter sustained when a youthful driver hit her car while being chased by a vehicle driven by a District of Columbia Metropolitan Police Department (MPD) officer. The case was tried by a jury which deadlocked. The trial court granted the District’s renewed motion for judgment as a matter of law, concluding that no reasonable juror could find that the police officer was grossly negligent, the standard required for the imposition of liability upon the District under the circumstances. *fn1 Appellants argue that the trial court erred in granting the motion because:

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