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P filed a wrongful death and survival action against D for the death of Devora, P’s daughter. Devora committed suicide by jumping into the path of one of D’s trains. Devora had a history of serious mental illness, including seven hospitalizations. Devora’s death could have been avoided if the train conductor had not delayed in engaging the emergency brake to stop the train. Evidence at trial showed that the train operator had tested positive for cocaine and marijuana shortly after the accident. At first, the Circuit Court reversed a grant of summary judgment entered in favor of D in the District Court. After the first trial resulted in a mistrial, the trial court, at the second trial, instructed the jury to determine whether D had the last clear chance to save Devora and, if so, whether the train operator had breached the applicable standard of care when he failed to take the measures available to avoid injuring her. The jury found D liable. D moved for judgment as a matter of law on the ground that Devora had assumed the risk. The trial court affirmed the jury verdict. D appealed, arguing that Ps were barred from recovering under the last clear chance doctrine because Devora had assumed the risk of dying on the tracks. The Circuit Court certified a question to the District of Columbia Court of Appeals.

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