District of Columbia v. Zukerberg

Summary

The District of Columbia Court of Appeals affirmed a $5 million negligence judgment entered for Paul H. Zukerberg, as guardian ad litem for a minor injured after falling from a diving board at a District-operated pool. The court held that sufficient direct, circumstantial, and expert evidence supported the jury's finding that the diving board's improperly positioned fulcrum was a proximate cause of the injuries. The court distinguished precedent involving a plaintiff who could not identify any evidence linking a defective condition to her fall.

Holdings

1. The evidence was sufficient for a reasonable jury to find that the District's negligent placement of the diving-board fulcrum proximately caused Jacob's fall and injuries.
2. Judgment as a matter of law is improper when the evidence and reasonable inferences, viewed favorably to the verdict winner, provide an evidentiary foundation on which a reasonable jury could find for that party.

Questions Presented

1. Whether the evidence was sufficient for a reasonable jury to find that the District's negligent placement of the diving-board fulcrum was a proximate cause of Jacob's injuries.
2. Whether the trial court properly denied the District's post-verdict motion for judgment as a matter of law.

Disposition

affirmed