After an employee of the Metropolitan Atlanta Rapid Transit Authority MARTA died in an on-the-job accident, Jean Brooks-Powers, as sole surviving spouse and as the administratrix of the decedent’s estate, sued MARTA for damages citing federal statutory and constitutional law. Following the grant of summary judgment to MARTA, Brooks-Powers filed this appeal which poses three legal questions: whether Brooks-Powers obtained an implied right to sue under 49 USC § § 5329, 5330 of the Urban Mass Transportation Act UMTA; whether she had a cause of action under the federal Due Process Clause; and whether a particular part of MARTA’s answer constituted an admission in judicio. In ruling in favor of MARTA, the trial court answered all three questions of law in the negative, and so do we.1 The following facts are not in dispute. On the morning of February 25, 2000, John Walter Powers was conducting an inspection of a segment of track located just outside the Avondale MARTA station. Prior to commencing work, Powers obtained clearance for him and his co-worker, Raymond Taylor to inspect that area of track. At approximately 8:12 a.m., a MARTA train operated by Jennifer Armour suddenly slammed into the men, killing Powers and grievously injuring Taylor. Armour had a history of driving infractions that included two red light violations while operating a MARTA train.2 An ad hoc accident investigation board conducted an investigation into the fatal incident and submitted recommendations for safety improvements.
On March 14, 2001, Brooks-Powers filed a notice of claim with the State Board of Workers’ Compensation to obtain death benefits. MARTA’s manager of claims, Donna Jennings, stated in an affidavit that the accident was accepted as compensable by the State Board of Workers’ Compensation. Jennings also testified that “as of April 4, 2002, MARTA has paid workers’ compensation funeral expenses of $4,336.50 and paid weekly workers’ compensation income benefits totaling $38,500.00 to the beneficiaries who have cashed workers’ compensation checks.”
