Section 12-309 Does Not Bar Negligence Claim for Liquidated Damages

In Lindsey v. District of Columbia, No. 07-1939 (RBW) (D.D.C. Sept. 15, 2011), Donna Williams Rucker recently received a great Order from Judge Walton on an age discrimination and negligence claim against the District (D.C. Fire and EMS). The Order (attached) is a fun read all around since he roasts the District a bit. However, what is particularly exciting and the reason for posting is that Judge Walton agreed with Plaintiff's 12-309 argument that asserted the negligence claim should not be dismissed in total for not having a 12-309 notice provided to the District. Plaintiff argued that although unliquidated damages may not be available, he was still entitled to liquidated damages (e.g., back pay, front pay, etc), equitable relief and attorney fees (though this is not technically damages but even J. Walton included them in his Order). To sum it up, both our claims survived, and we potentially get attorney fees where we would not otherwise get them on just the age claim.

This is a significant win in the 12-309 battle.

– submitted by Mackenzie Coy