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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * * * * *

SYLVESTER PROCTOR, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Civil Case No. RWT-08-2308

MEMORANDUM OPINION On April 9, 2008, Sylvester Proctor was seriously injured when his motorcycle and a Washington Metropolitan Area Transit Authority ("WMATA") Metrobus collided at the intersection of Martin Luther King Highway and Parliament Place in Lanham, Maryland. Mr. Proctor and his wife Gloria ("Plaintiffs") filed their complaint for negligence and loss of consortium in the Circuit Court for Prince George's County, Maryland, on July 30, 2008. The complaint seeks $7 million in damages, in addition to costs. Defendant WMATA removed the complaint to this Court on September 4, 2008. On February 19, 2009, WMATA made an offer of judgment of $400,000 to Plaintiffs, which they rejected. Based upon the decision of the Court of Special Appeals of Maryland in Wash. Metro. Area Transit Auth. v. Deschamps, 183 Md. App. 279, 297, 961 A.2d 591, 601 (2008), which applied a cap on damages in actions involving the State (of which WMATA was held to be a unit), WMATA moved for summary judgment on March 18, 2009. WMATA contended that, under Federal Rule of Civil Procedure 68, it had made an offer of the maximum amount of recovery allowable under the damages cap, Md. Code Ann., State Gov't

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