Bridges v. Clark, 59 A.3d 978 (2013)

Citation: Bridges v. Clark, 59 A.3d 978 (2013)
Parent Document: Bridges v. Clark, 59 A.3d 978 (2013)
Jurisdiction: DC (municipal)
Effective Date: 2013-01-24
Original Source: https://www.courtlistener.com/opinion/5146099/bridges-v-clark/ ↗

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As a substantive matter, Ms. Bridges introduced sufficient evidence at trial to support her request that the jury be instructed about the retaliation defense. In order to trigger a presumption of retaliatory action, a tenant need only present some evidence that the tenant engaged in protected activity (e.g., reporting housing violations to D.C. authorities) within six months before the allegedly retaliatory action. D.C.Code § 42-3505.02(b). As we have previously noted, Ms. Bridges introduced evidence at trial that she had complained in writing to government officials on September 22, 2009, and March 8, 2010. Both of those complaints were made within six months of March 19, 2010, the date on which Mr. Clark initiated this eviction action. Because Ms. Bridges introduced some evidence from which the jury could find that the presumption of retaliatory action was triggered, she was substantively entitled to have the jury instructed on the retaliation defense. See Gomez v. Independence Mgmt., 967 A.2d 1276, 1291 (D.C.2009) (“[T]he statutory presumption relieves the tenants of the burden of establishing a prima facie case of retaliatory action.”). See generally, e.g., East Capitol View Cmty. Dev. Corp. v. Robinson, 941 A.2d 1036, 1039 (D.C.2008) (party entitled to defense instruction if “there was record evidence that could at least support such a claim”).

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