Stotmeister v. Alion Science & Tech. Corp. (65 F. Supp. 3d 56, 2014)

MEMORANDUM OPINION

Thomas F. Hogan, Senior United States District Judge

Pending before the Court is the Joint Motion for Summary Judgment of Alion Science and Technology Corporation, Cherry Hill Construction, Inc., Day & Zimmerman Group Services, DC Water and M & M Welding & Fabricators, Inc. on the Issue of Frank Stotmeister’s Contributory Negligence [ECF No. 160], which urges the Court to grant summary judgment in the defendants’ favor on the ground that the doctrine of contributory negligence bars the plaintiffs from prevailing on their claims for damages relating to fatal injuries Francis (“Frank”) Stotmeis-ter sustained while working on a construction project on April 23, 2004. After the motion was filed, the plaintiffs entered into settlement agreements with all the moving defendants except Day & Zimmerman Group Services (“Day & Zimmerman”) and M & M Welding & Fabricators, Inc. (“M & M Welding”). Accordingly, the Court considers the merits of the motion only with respect to Day & Zimmerman and M & M Welding. For the reasons set forth below, the Court concludes that Frank Stotmeis-ter’s injuries were caused by his own contributory negligence so summary judgment in favor of Day & Zimmerman and M & M Welding shall be granted. For these same reasons, the Court will deny the Stotmeister Plaintiffs’ Motion to Reconsider [ECF No. 246] and, accordingly, the Joint Motion to Strike Plaintiffs’ Motion to Reconsider [ECF No. 249] and Plaintiffs’ Motion for Oral Argument [ECF No. 256] will be denied as moot.

APPLICABLE LEGAL STANDARD

Federal Rule of Civil Procedure 56 mandates that “[t]he Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A fact is material if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute over a material fact is genuine “if the evidence is such that a reasonable jury could-return a verdict for the nonmoving party.” Id. At the summary judgment stage, however, “the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Id. at 249, 106 S.Ct. 2505. “[T]here is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Id.

Although “[t]he evidence is to be viewed in the light most favorable to the nonmov-ing party and the court must draw all reasonable inferences in favor of the non-moving party,” Talavera v. Shah, 638 F.3d 303, 308 (D.C.Cir.2011), “[i]f the evidence is merely colorable, or is not significantly probative, summary judgment may be granted,” Anderson, 477 U.S. at 249, 106 S.Ct. 2505 (internal citations omitted). “The mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Id. at 252, 106 S.Ct. 2505. The ultimate inquiry is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Id.

.The evidence the Court may consider when passing on a summary judgment motion consists of “materials specified in Federal Rule of Civil Procedure 56(c) as well as any material that would be admissible or usable at trial.” Estate of Parsons v. Palestinian Auth., 651 F.3d 118, 145 (D.C.Cir.2011) (internal quotation marks omitted). Pursuant to Rule 56(c), the Court is not limited to the evidence cited by the parties but also “may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3). In addition, the Rules of the United States District Court for the District of Columbia state that “[i]n determining a motion for summary judgment, the court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.” LCvR 7(h)(1), available at http://www.dcd. uscourts.gov/dcd/local-rules.

THE UNDISPUTED FACTS

The Court reviewed the extensive volumes of evidence that constitute the record in this case and carefully culled and evaluated the facts to determine whether there were any genuine disputes about facts that could be deemed material to the outcome. On the whole, it frankly is surprising how little dispute there is with respect to the facts, particularly in light of the realization that most of the evidence involved the testimony of witnesses, many of whom were deposed about the same events multiples times, by multiple attorneys, over a period of several years. The witnesses in this case were remarkably concordant in their recollections of the events that took place during the early morning hours on April 23, 2004, so there quite simply were few instances of conflicting evidence that raised genuine disputes. After considering all the evidence and the entire record in this case, the Court finds the following facts to be undisputed.

A. Grunley-Walsh’s Contract with the General Services Administration

The General Services Administration National Capital Region Heating Operation and Transmission District (referred to by its acronym “GSA HOTD”) manages and operates the Steam Distribution Complex, which is a “12-mile distribution pipeline that spiders the central business district of Washington, D.C.” Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 38, Richard Matkins Dep. 16:1-3 (quote), 198:3-198:9 (Dec. 12, 2007) [ECF No. 204-5]; id. at Ex. 103, Carroll Williams Dep. 23:5-23:11 (Oct. 28, 2009) [ECF No. 208-6] (confirming that the GSA department that operates high-pressure steam is referred to as “HOTD”). The section of the Steam Distribution Complex that runs beneath 17th Street provides steam to several federal buildings. Compare Statement of Material Facts Not In Dispute ¶ 1 [ECF No. 160-1], ivith Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicat- . ing no dispute with paragraph 1).

In 2002, GSA HOTD entered into a task-order contract with Grunley-Walsh Joint Venture, Inc. (“Grunley-Walsh”) that ultimately required Grunley-Walsh to replace a section of the Steam Distribution Complex running under 17th Street from the so-called “Point of Connection” — -which was located at the intersection of 17th Street and New York Avenue — to Manhole 8. Compare Statement of Material Facts Not In Dispute ¶ 2 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 2); Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Souei-dan Dep. 118:16-124:18, 129:1-136:22, 145:1-145:7 (Mar. 16, 2007) [ECF No. 206-5]; United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 7, West-phal Decl. ¶3 [ECF No. 122-1]; United States’ Supplemental Mem. In Supp. of Mot. for- Summ. J. Ex. 10 (Order No. P-11-02-YT-0256) [ECF No. 122-1], The project was referred to as the “17th Street Steam Distribution Project” and involved, among other things, excavating 17th Street to remove the existing steam and condensate pipes and install new pipes. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 118:6-118:8, 129:15-129:20, 131:7-131:21 (Mar. 16, 2007) [ECF No. 206-5]; Day & Zimmerman’s Opp’n to the United States’ Mot. for Summ. J. Ex. 10, Greg Westphal Decl. ¶ 4 [ECF No. 94-9].

Although Grunley-Walsh was the prime contractor responsible for performing the 17th Street Steam Distribution Project, Grunley-Walsh entered into subcontracts with other companies to assist with the required work. Mem. of P. & A. In Supp. of Pis.’ Partial Opp’n to Third Party Def. U.S.A.’s Mot. for Summ. J. 2-3 [ECF No. 97] (stating that Grunley-Walsh was hired to be the general contractor); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 145:5-145:11 (Mar. 16, 2007) [ECF No. 206-5]; id. at Ex. 73, Bassem Soueidan Dep. 31:1-31:8 (May 25, 2010) [ECF No. 206-8]. Grunley-Walsh hired M & M Welding to replace the components of the steam system and install a temporary boiler in Manhole 11. Mem. of P. & A. In Supp. of Pis.’ Partial Opp’n to Third Party Def. U.S.A.’s Mot. for Summ. J. 3 [ECF No. 97]. Grunley-Walsh also contracted with Cherry Hill Construction, Inc. (“Cherry Hill”) to excavate, insulate, and perform back-filling services for the 17th Street Steam Distribution Project. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 145:1-145:4 (Mar. 16, 2007) [ECF No. 206-5].

After Grunley-Walsh began performing the contract work for the 17th Street Steam Distribution Project, GSA HOTD issued a change order that modified Grun-ley-Walsh’s contract to require the installation of an 8-inch water service line between Manhole 7 and Manhole 9 as part of an effort to modernize the Old Executive Office Building. Compare Statement of Material Facts Not In Dispute ¶ 34 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 34); compare Statement of Material Facts Not In Dispute ¶ 13 [ECF No. 160-1], with Stot-meister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 13); Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Souei-dan Dep. 133:2-133:22,136:11-136:17 (Mar. 16, 2007) [ECF No. 206-5]; id. at Ex. 33, Thomas Johnson Dep. 340:12-340:16, 450:3-450:10, 484:3-484:11 (Nov. 17, 2010) [ECF No. 203-5]; id. at Ex. 74, Brian Staudenmaier Dep. 51:7-52:5 (Mar. 12, 2008) [ECF No. 207-1]; id. at Ex. 91, Greg Westphal Decl. ¶ 5(b) [ECF No. 207-18]; id. at Ex. 65, Dayrell Schneider Dep. 28:10-29:17, 30:12-31:12 (Dec. 10, 2007) [ECF No. 205-15]. The water line tie-in project involved cutting into the existing 20-inch main water line to connect or “tap” a new 8-inch water line. Compare Statement of Material Facts Not In Dispute ¶ 36 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts ¶ 36 [ECF No. 196-2] (asserting that the scope of Cherry Hill’s work was not limited to cutting and tapping the water line but otherwise not disputing that “installation of the water service line required Cherry Hill to tie-into existing 20" and 8" water mains maintained by DC Water”); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 91, Greg Westphal Decl. ¶ 5(b) [ECF No. 207-18]; id. at Ex. 94, Greg Westphal Dep. 28:17-28:24 (Apr. 13, 2010) [ECF No. 207-21]; Ex. 112, Record of Change Order Negotiation (Mar. 12, 2004) [ECF No. 208-15], Grunley-Walsh subcontracted the water line tie-in project to Cherry Hill. Compare Statement of Material Facts Not In Dispute ¶ 35 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 35); Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 28:10-28:20 (Dec. 10, 2007) [ECF No. 205-15],

By the time Grunley-Walsh and Cherry Hill were set to begin the water line tie-in project, all work on the 17th Street Steam Distribution Project had been completed and the steam system was back in service. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 188:15-188:19 (Mar. 16, 2007) [ECF No. 206-5]. Grunley-Walsh’s President, Bassem Soueidan, explained that “all of the steam system had been completed!,] inspected, tested, punched out — punch list — verified, accepted” and “the only thing that was left was, in fact, the installation of the water main, which was a change order.” United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 17, Bas-sem Soueidan Dep. 49:12-49:16 (Jan. 18, 2008) [ECF No. 122-1]; United States. Mot. for Summ. J. Ex. 4, Bassem Souei-dan Dep. 11:4-11:6 (Jan. 18, 2008) [ECF No. 85-1] (identifying himself as Grunley-Walsh’s president). Soueidan confirmed that, because the contractors had finished and turned over the steam system, “[n]othing was contemplated that would involve a shutdown of the steam line in connection with the work that remained on the [water line tie-in] project.” Third Party Def. United States’ Combined Reply In Supp. of Mot. for Summ. J. Ex. 1, Bassem Soueidan Dep. 49:4-49:7 (May 25, 2010) [ECF No. 106-2],

B. The Water Line Tie-In Project Begins Late

On the night of April 22, 2004, Grunley-Walsh and Cherry Hill began work on the water line tie-in project. Compare Statement of Material Facts Not In Dispute ¶¶ 37, 38 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraphs 37 and 38); Day & Zimmerman’s Mot. for J. on the Pleadings Ex. B, Greg Westphal Decl. ¶ 5 [ECF No. 32^]. Grunley-Walsh’s Superintendent, Frank Stotmeister, was supervising the water line tie-in project and had oversight responsibility for all the work and subcon-' tractors. Compare Statement of Material Facts Not In Dispute ¶ 3 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 3); see also J.A. In Supp. of Joint Mot. for Summ. J. Ex. A, Brian Staudenmaier Dep. 14:6-14:9 (Mar. 12, 2008) [ECF No. 161-1]. The Cherry Hill supervising personnel who reported to Frank Stotmeister that night included Joseph Hudert, who was Cherry Hill’s Superintendent, Dayrell Schneider, who was Cherry Hill’s Utility Divisional Manager, and Gary Sims, who was the Foreman of the Cherry Hill pipe crew performing the water line tie-in project. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 13:20-13:21, 21:1-22:6, 24:2-24:21 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 70:10-70:16, 205:7-205:8 (May 12, 2010) [ECF No. 206-1],

The water line tie-in project began inauspiciously. The District of Columbia Water and Sewer Authority (“DC WASA”) crew was late performing the water main shutdown that was necessary before the Grunley-Walsh and Cherry Hill contractors could begin cutting the main pipe for the water line tie-in project. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 28, Dexter Holmes Dep. 136:1-136:3, 148:20-152:17 (Dec. 9, 2010) [ECF No. 202-15]; id. at Ex. 32, Thomas Johnson Dep. 96:3-106:22 (Oct. 19, 2010) [ECF No. 203^]; id. at Ex. 65, Dayrell Schneider Dep. 130:8-131:9 (stating that he was notified that the water main was shut down between 1:00 a.m. and 2:00 a.m.), 134:20-135:20 (Dec. 10, 2007) [ECF No. 205-15]; compare Statement of Material Facts Not In Dispute ¶ 37 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 37). As a result, the water main was not shut off until between 1:00 a.m. and 2:00 a.m. on April 23, 2004, which caused concern among the contractors about whether they could meet a 5:30 a.m. deadline to complete the water line tie-in project and reopen the street to traffic. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. Ex. 65, Dayrell Schneider Dep. 130:8-131:9,134:20-135:20, 138:4-138:16 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 31, Thomas Johnson Dep. 136:15-136:17 (Feb. 4, 2008) [ECF No. 203-3] (confirming that the job should have been completed around 5:30 a.m.); id. at Ex. 66, Dayrell Schneider Dep. 69:14-70:19, 93:5-93:22 (indicating a 5:30 a.m. deadline), 252:4-252:10 (May 12, 2010) [ECF No. 206-1]; Joint Mot. for Summ. J. of Alion Science & Technology Corp., Cherry Hill Construction, Inc., Day & Zimmerman Group Servs., DC Water and M & M Welding & Fabricators, Inc. On the Issue of Frank Stotmeister’s Contributory Negligence [hereinafter cited as “Joint Mot. for Summ. J.”] Ex. K, Gary Sims Dep. 171:4-171:18 (July 7, 2010) [ECF No. 162-4]; id. at Ex. M, Dayrell Schneider Dep. 39:14-39:16 (May 12, 2010) [ECF No. 162-6], Frank Stotmeister, Dayrell Schneider and Joseph Hudert conferred, however, and agreed to proceed with the water line tie-in project notwithstanding the delay. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 32, Thomas Johnson Dep. 100:22-104:15 (Oct. 19, 2010) [ECF No. 203-4]; id. at Ex. 65, Dayrell Schneider Dep. 134:20-135:20, 138:4-138:16 (Dec. 10, 2007) [ECF No. 205-15] (explaining that “[i]t was a joint decision, Frank, Joe, myself’); id. at Ex. 66, Dayrell Schneider Dep. 69:16-70:19, 170:2-171:16, 252:4-252:18 (May 12, 2010) [ECF No. 206-1].

C. Water Floods the Steam Vault and Causes the Steam Pipes to Hammer

Between 2:00 a.m. and 2:30 a.m., the contractors began cutting the water main pipe so the pipe could drain. Compare Statement of Material Facts Not In Dispute ¶ 38 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 38); Exs. In Supp. of Stotmeis-ter Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 71:5-71:12, 144:4-147:6 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 39:14M0:3 (May 12, 201.0) [ECF No. 206-1]; id. at Ex. 67, Gary Sims Dep. 79:2-80:15 (July 7, 2010) [ECF No. 206-2]; id. at Ex. 91, Greg Westphal Decl. ¶ 5(c) (Apr. 28, 2005) [ECF No. 207-18]; id. at Ex. 25, Dexter Holmes Dep. 189:15-189:18 (Dec. 9, 2010) [ECF No. 202-12], The water never fully drained, however, and continued to flow from the main pipe into the trench where the contractors were working. Stotmeis-ter Pis.’ Disputed Material Facts ¶ 39 [ECF No. 196-2] (stating that “[throughout the process of Cherry Hill’s cutting the water main, water steadily flowed out of the pipe”); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 171:12-172:21, 220:11-221:3 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 39:14-39:16 (May 12, 2010) [ECF No. 206-1]. As the contractors proceeded to make additional cuts into the main pipe a significant amount of water continued to flow and accumulate in the trench despite the use of four electric pumps to dewater. Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 151:1-151:21, 154:3-155:21, 171:12-172:21 (Dec. 10, 2007) [ECF No. 205-15].

Within about thirty minutes of the contractors making the initial cuts to the water main pipe, the accumulating water overflowed the trench and began to run into the steam vault toward Manholes 9 and 10 where it made contact with the uninsulated steam pipes. Exs. In Supp. of Stotmeister-Pls.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 157:6-157:21, 173:11-173:21, 208:1-208:9 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 184:19-185:3 (May 12, 2010) [ECF No. 206-1]; id. at Ex. 67, Gary Sims Dep. 128:5-128:10, 175:20-177:10, 213:21-214:22, 224:16-224:22 (July 7, 2010) [ECF No. 206-2]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. L, Dayrell Schneider Dep. 168:9-168:19 (Dec. 10, 2007)' [ECF No. 162-5]; id. at Ex. M, Dayrell Schneider Dep. 81:19-83:22, 85:5-86:20 (May 12, 2010) [ECF No. 162-6]; Stotmeister Pis.’ Disputed Material Facts ¶ 72 [ECF No. 196-2] (stating that “the water flowing from the 20-inch water main entered the steam vault” and “contacted the steam lines”). As a result, steam rose out of the manholes and two steam pipes that were within 10 feet of the contractors began to visibly and audibly hammer, causing Dayrell Schneider and Gary Sims, who were in charge of the pipe crew, to fear for their safety. Stotmeister Pis.’ Disputed Material Facts ¶ 72 [ECF No. 196-2] (stating that “the steam pipes jumped and made a loud hammering noise”); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 31, Thomas Johnson Dep. 47:19-48:21 (Feb. 4, 2008) [ECF No. 203-3]; id. at Ex. 65, Dayrell Schneider Dep. 157:6-157:21, 208:1-208:12 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 83:13-84:6, 86:4-89:20, 101:3-101:21, 200:12-201:9, 208:8-209:15, 233:21-237:21, 249:19-250:5 (May 12, 2010) [ECF No. 206-1]; id. at Ex. 67, Gary Sims Dep. 91:7-94:22, 213:1-214:22 (July 7, 2010) [ECF No. 206-2]; id. at Ex. 68, Gary Sims Dep. 285:12-286:18, 328:2-328:9 [ECF No. 206-3]; id. at Ex. 28, Dexter Holmes Dep. 169:4-169:19, 171:17-172:2 (Dec. 9, 2010) [ECF No. 202-15]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. K, Gary Sims Dep. 91:7-94:22 (July 7, 2010) [ECF No. 162-4]; id. at Ex. L, Dayrell Schneider Dep. 167:21-171:4, 224:1-224:11 (Dec. 10, 2007) [ECF No. 162-5]; id. at Ex. M, Dayrell Schneider Dep. 298:14-300:20 (May 12.2010) [ECF No. 162-6]; compare Statement of Material Facts Not In Dispute ¶ 40 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [EOF- No. 196-2] (indicating no dispute with paragraph 40).

D. Frank Stotmeister Refuses to Shut Down the Steam System Despite Dayrell Schneider’s Multiple Requests

When the steam pipes hammered, Day-rell Schneider ordered the contractors to get out of the trench and asked Frank Stotmeister three times to shut down the steam system so the contractors could work safely on the water line tie-in project. Compare Statement of Material Facts Not In Dispute ¶ 41 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts ¶ 41 [ECF No. 196-2] (indicating no dispute that Dayrell Schneider ordered the crew to evacuate the trench because he was alarmed); compare Statement of Material Facts Not In Dispute ¶ 43 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 43); J.A. In Supp. of Joint Mot. for Summ. J. Ex. L, Dayrell Schneider Dep. 167:20-169:14, 223:9-224:19 (Dec. 10, 2007) [ECF No. 162-5]; id. at Ex. M, Dayrell Schneider, Dep. 298:14-300:20 (May 12.2010) [ECF No. 162-6]; Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 66, Dayrell Schneider Dep. 84:3-84:6, 86:4-86:20, 208:12-209:15, 250:6-250:22 (May 12, 2010) [ECF No. 206-1]; id. at Ex. 67, Gary Sims Dep. 213:17-213:20 (July 7, 2010) [ECF No. 206-2]; id. at Ex. 68, Gary Sims Dep. 297:18-298:17, 328:2-328:13, 329:3-329:11 (Mar. 2, 2011) [ECF No. 206-3]. Frank Stotmeister refused, however, to shut down the steam system and, instead, assured Dayrell Schneider that it was safe to proceed without turning off the steam:

Frank came over and basically said that we’re going to be okay, Dayrell. We just dealt with mother nature. We have had three inches [of rain]. Look at the weather reports.

This steam system is not designed to drain water anytime, anywhere. We’ve seen these steam lines jump like that before. This is schedule[ ] 80. I said, I’m not an expert with scheduled 80; but he says, It will be okay.

I said, Why don’t you just go back to the source and shut the steam line down; and we won’t even have this conversation. And he assured me that we’re okay. And we made the decision to go back in.

J.A. In Supp. of Joint Mot. for Summ. J. Ex. L, Dayrell Schneider Dep. 170:2-170:15 (Dec. 10, 2007) [ECF No. 162-5] (capitalization in original). Compare Statement of Material Facts Not In Dispute ¶ 43 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 43); J.A. In Supp. of Joint Mot. for Summ. J. Ex. L., Dayrell Schneider Dep. 168:4-168:8 (Dec. 10, 2007) [ECF No. 162-5]; United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 7, Greg Westphal Decl. ¶ 5(d) (Apr. 28, 2005) [ECF No. 122-1] (stating that “Grunley-Walsh Construction Superintendent, Frank Stot-meister, instructed Cherry Hill employees that it was safe to continue working and that the steam lines ... could withstand the water hammering”). Rather than shut down the steam system, Frank Stotmeis-ter directed the contractors to dump ten tons of recycled material into the trench to create a temporary berm to control the water flowing from the water main pipe into the steam vault. Compare Statement of Material Facts Not In Dispute ¶44 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts ¶ 44 [ECF No. 196-2] (indicating no dispute with the facts contained in paragraph 44 but disputing the inference that Cherry Hill controlled the water contacting the steam line after the berm was created); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 183:11-183:19, 238:1-238:15 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 67, Gary Sims Dep. 177:11— 177:15 (July 7, 2010) [ECF No. 206-2]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. K, Gary Simms Dep. 101:12-103:4 (July 7, 2010) [ECF No. 162-4]; id. at Ex. M, Dayrell Schneider Dep. 192:16-193:13 (May 12, 2010) [ECF No. 162-6]; id. at Ex. I, Dexter Holmes Dep. 188:1-188:3 (Dec. 9, 2010) [ECF No. 162-2] (indicating that the berm was created after the contractors evacuated the trench). Despite the berm, though, water continued to accumulate in the trench and overflow into the steam vault. Stotmeister Pis.’ Disputed Material Facts ¶ 44 [ECF No. 196-2] (stating that water continued to flow into the steam vault after the berm was created).

E. Water Condensation Causes the Steam Pipes in the New Executive Office Building to Hammer, Which Damages the Steam System and Sets Off a Fire Alarm

The New Executive Office Building (“NEOB”) is heated by a steam station that is connected to the 17th Street steam line via a six-inch line that branches from Manhole 11. Compare Statement of Material Facts Not In Dispute ¶ 45 [ECF No. 160-1], with Stotmeister Pis.’ .Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 45); J.A. In Supp. of Joint Mot. for Summ. J. Ex. N, James Plakas Dep. 20:8-21:1 (Oct. 6, 2009) [ECF No. 162-7], At around the same time the contractors in the trench observed steam pipes hammering, a fire alarm went off at the NEOB. J.A. In Supp. of Joint Mot. for Summ. J. Ex. KK, Letter from Tisa B. Smith, Information and Privacy Officer, D.C. Fire/EMS Dept., to James Jordan (May 3, 2010) [ECF No. 163-16] (attaching an incident log reflecting an emergency contact around 3:00 a.m. at the NEOB); id. at Ex. P, Thomas Johnson Dep. 356:13-356:19 (Nov. 17, 2010) [ECF No. 162-9]; Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 31, Thomas Johnson Dep. 54:16-55:7 (Feb. 4, 2008) [ECF No. 203-3]; id. at Ex. 32, Thomas Johnson Dep. 155:4-156:21 (Oct. 19, 2010) [ECF No. 203-4]; compare Statement of Material Facts Not In Dispute ¶ 46 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 46). Plumbers working at the NEOB discovered that a pressure-relief valve at the NEOB steam station was blowing steam and water, which was unusual and indicated that the steam system was full of condensation. Compare Statement of Material Facts Not In Dispute ¶ 46 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 46); J.A. In Supp. of Joint Mot. for Summ. J. Ex. Q, Darrell Jackson Dep. 22:1-28:22 (Jan. 28, 2010) [ECF No. 162-10]; id. at Ex. R, Marion Christopher Yewell Dep. 25:2-32:13, 35:21-36:9, 37:3-37:14 (Dec. 3, 2009) [ECF No. 162-11]; id. at Ex. T, Richard Julian Dep. 38:7-15 (Oct. 9, 2009) [ECF No. 162-13]. The steam released from the damaged pressure-relief valve had caused heat detectors in the steam station to activate the fire alarm. Compare Statement of Material Facts Not In Dispute ¶ 46 [ECF No. 160-1], with Stotmeister' Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 46).

The plumbers at the NEOB shut off the steam system isolation valves to prevent steam from entering the NEOB steam station and then proceeded to drain the condensation out of the pipes. Compare Statement of Material Facts Not In Dispute ¶ 47 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 47); J.A. In Supp. of Joint Mot. for Summ. J. Ex. R, Marion Christopher Yewell Dep. 32:14-35:12, 40:3-41:3 (Dec. 3, 2009) [ECF-No. 162-11], After the con-' densation was drained from the system, the plumbers replaced a gasket that had been blown out of the pressure-relief valve and then the plumbers attempted to slowly turn the valve back on to reestablish steam. Compare Statement of Material Facts Not In Dispute ¶ 49 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 49); J.A. In Supp. of Joint Mot. for Summ. J. Ex. R, Marion Christopher Yewell Dep. 35:6-41:11 (Dec. 3, 2009) [ECF No. 162-11]; id. at Ex. T, Richard Julian Dep. 42:6-42:8 (Oct. 9, 2009) [ECF No. 162-13]; Exs. In Supp. of Pis.’ Partial Opp’n to United States’ Mot. for Summ. J. Ex. 14, Marion Christopher Yewell Dep. 135:3-135:5 (Dec. 3, 2009) [ECF No. 97-14]. When the plumbers tried to reestablish steam, however, the steam pipes began to hammer so dramatically that the valve wheel started turning on its own. Compare Statement of Material Facts Not In Dispute ¶ 49 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 49); J.A. In Supp. of Joint Mot. for Summ. J. Ex. R, Marion Christopher Yewell Dep. 42:6-44:19, 71:5-72:21 (Dec. 3, 2009) [ECF No. 162-11]; id. at Ex. T, Richard Julian Dep. 42:9-45:14, 47:15-47:21.(Oct. 9, 2009) [ECF No. 162-13]. Frightened by what was happening at the NEOB steam station, the plumbers quickly left the building. Exs. In Supp. of Pis.’ Partial Opp’n to United States’ Mot. for Summ. J. Ex. 14, Marion Christopher Yewell Dep. 135:3-135:18 (Dec. 3, 2009) [ECF No. 97-14]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. Q, Darrell Jackson Dep. 28:13-28:22 (Jan. 28, 2010) [ECF No. 162-10]; id. at Ex. T, Richard Julian Dep. 47:19^17:21 (Oct. 9, 2009) [ECF No. 162-13].

F. Frank Stotmeister Closes the Feeder Valve In Manhole 11

On the street, the plumbers ran into Thomas Johnson, who was a government contractor employed by Alion Science and Technology Corporation (“Alion”). Def. /Cross Def.’s Submission In Resp. to Order of April 12, 2011 1 [ECF No. 120-1]; Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 40, Larry Melton Dep. 37:11-38:5 (Mar. 9, 2010) [ECF No. 204-7]; Pis.’ Par-, tial Opp’n to United States’ Mot. for Summ. J. Ex. 15, James D. Rosenberger Dep. 49:19-49:21, 156:4-156:7 (Dec. 1, 2009) [ECF No. 97-15], Alion had a contract with the GSA’s White House Project’s Office to perform construction management services for certain designated projects pursuant to work orders issued under the contract. Exs. In Supp. of Stot-meister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 2, Alion Contract IB1-IC1 (ALI 00017-20) [ECF No. 201-2]; Def./Cross Def.’s Submission In Resp. to Order of April 12, 2011 1 [ECF No. 120-1]. Thomas Johnson was on 17th Street the night of April 23, 2004, because he was supervising a water-fountain construction project at the NEOB for the White House Service Center. Pis.’ Partial Opp’n to United States’ Mot. for Summ. J. Ex. 17, Thomas Johnson Dep. 49:4-49:12 (Oct. 19, 2010) [ECF No. 97-17]; United States’ Combined Reply In Supp. of Mot. for Summ. J. Ex. 6, Thomas Johnson Dep. 433:1^33:21 (Nov. 17, 2010) [ECF No. 106-2], Thomas Johnson also had been a Project Manager for the 17th Street Steam Distribution Project. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 40, Larry Melton Dep. 37:11-38:5, 39:9-40:5 (Mar. 9, 2010) [ECF No. 204-7]; Third Party Def.’s Combined Reply In Supp. of Mot. for Summ. J. Ex. 1, Bassem Soueidan Dep. 31:9-31:15 (May 25, 2010) [ECF No. 106-2]; United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 2, Greg Westphal Dep. 379:3-379:9 (Apr. 13, 2010) [ECF No. 122-1],

One of the plumbers told Thomas Johnson about the hammering at the NEOB steam station and asked to have the steam to the NEOB shut off in the street so the plumbers could change a valve. Compare Statement of Material Facts Not In Dispute ¶ 50 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 50); Pis.’ Partial Opp’n to United States’ Mot. for Summ. J. Ex. 15, James D. Rosenberger Dep. 49:19-50:9, 156:4-157:17, 161:2-162:14 (Dec. 1, 2009) [ECF No. 97-15]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. T, Richard B. Julian Dep. 54:13-55:2 (Oct. 9, 2009) [ECF No. 162-13]; id. at Ex. O, Thomas Johnson Dep. 87:10-87:22 (Mar. 12, 2007) [ECF No. 162-8]; Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 30, Thomas Johnson Dep. 20:7-20:20, (Mar. 12, 2007) [ECF No. 203-2], Thomas Johnson relayed the plumbers’ request to Frank Stotmeister and asked Stotmeister to shut the steam off. Compare Statement of Material Facts Not In Dispute ¶¶51, 52 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraphs 51 and 52); J.A. In Supp. oF Jbint Mot. for Summ.. J. Ex. T, Richard B. Julian Dep. 54:13-55:2 (Oct. 9, 2009) [ECF No. 162-13]; id. at Ex. 0, Thomas Johnson Dep. 87:10-88:22 (Mar. 12, 2007) [ECF No. 162-8]; id. at Ex. P, Thomas Johnson Dep. 95:1-95:9 (Feb. 4, 2008) [ECF No. 162-9]. A couple of hours later, Frank Stotmeister told Thomas Johnson that the' steam to the NEOB had been shut off at Manhole 11. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 31,-Thomas Johnson Dep. 142:18-144:14 (Feb. 4, 2008) [ECF No. 203-3].

G. Frank Stotmeister Attempts to Turn On the Steam-Line Valve in Manhole 11, Which Causes a Water Hammer and Massive Steam Explosion

By around 6:30 a.m., the Cherry Hill crew had finished the water line tie-in project and was cleaning up the site. J.A. In Supp. of Joint Mot. for Summ. J. Ex. L, Dayrell Schneider Dep. 174:19-175:17, 186:1-187:20 (Dec. 10, 2007) [ECF No. 162-5]; id. at Ex. K, Gary Sims Dep. 301:7-302:2 (Mar. 2, 2011) [ECF No. 162-4]; Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 28, Dexter Holmes Dep. 189:11-189:14, 195:11-195:19 (Dec. 9, 2010) [ECF No. 202-15]; Stotmeister Pis.’ Disputed Material Facts ¶ 57 [ECF No. 196— 2] (arguing that the water line tie-in was not completed until between 6:30 a.m. and 7 a.m. and citing Dexter Holmes’ deposition testimony stating that “they had the T and mechanical pieces in place around 6:30 a.m., I think”). Shortly thereafter, Thomas Johnson alerted Frank Stotmeister that the GSA plumbers were done fixing the valve in the NEOB. steam station and asked Stotmeister to turn the steam back on. Compare Statement of 1 Material Facts Not In Dispute ¶ 59 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 59).

At approximately 8:48 a.m., Frank Stot-meister descended the ladder into Manhole 11 and Joseph Hudert was halfway down the ladder holding a flashlight. Compare Statement of Material Facts Not In Dispute ¶ 62 [ECF No. 160-1], with Stotmeis-ter Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 62). Frank Stotmeister subsequently “began to open the isolation valve in Manhole 11” to turn the steam back on. Stotmeister Pis.’ Disputed Material Facts ¶¶ 72, 73 [ECF No. 196-2] (paragraph 72 contains the quoted language and both paragraphs support the fact that Frank Stotmeister opened the isolation valve to turn the steam back on). As a result, a “steam-condensate water hammer” exploded from the steam line in a “massive eruption” of steam that fatally injured Frank Stotmeister and Joseph Hu-dert. Stotmeister Pis.’ Disputed Material Facts ¶ 72 [ECF No. 196-2],

DISCUSSION

Day & Zimmerman and M & M Welding contend that the plaintiffs cannot prevail on their claims for compensatory damages arising from Frank Stotmeister’s death because Stotmeister was contributorily negligent by failing to act with reasonable care for his own safety, knowingly putting himself in a dangerous situation, and failing to take reasonable steps to protect himself from harm. Mem. of P. & A. In Supp. of Joint Mot. for Summ. J. 1-15 [ECF No. 160-2]. Aside from the contention that there are material facts in dispute, the plaintiffs’ principal counter argument is that Frank Stotmeister’s actions opening and closing the steam-line valve in Manhole 11 were reasonable because he was directed to do so by Thomas Johnson, who the plaintiffs assert was the government’s representative. Pis.’ Mem. of P. & A. In Opp’n To Defs.’ Joint Mot. for Summ. J. 5-26 [ECF No. 196].

I.

“The District of Columbia is one of the few jurisdictions in which the claimant’s contributory negligence can act as a complete defense to the defendant’s liability for negligence.” Jarrett v. Woodward Bros., Inc., 751 A.2d 972, 985 (D.C.2000). “To establish contributory negligence, the party asserting the defense must prove by a preponderance of the evidence that the opposing party’s negligence was a substantial factor in causing his or her injury, and that the injury or damage was either a direct result or a reasonably probable consequence of the negligent act or omission.” Durphy v. Kaiser Found. Health Plan of Mid-Atlantic States, Inc., 698 A.2d 459, 465 (D.C.1997). Contributory negligence is “conduct ‘which falls below the standard to which a plaintiff should conform for his own protection’ and contributes to the plaintiffs, injury.” Scoggins v. Jude, 419 A.2d 999, 1004 (D.C.1980) (quoting Restatement (Second) of Torts § 496E, Comment a (1965)). It is “the failure to act with the prudence demanded of an ordinary reasonable person under like circumstances.” Stager v. Schneider, 494 A.2d 1307, 1311 (D.C.1985). “[T]he defense of contributory negligence requires a determination of what the plaintiff should have known and acted upon in the exercise of reasonable care for his own safety,” Morrison v. MacNamara, 407 A.2d 555, 566 (D.C.1979), and “generally involves inadvertence or failure to observe or act,” Harris v. Plummer, 190 A.2d 98, 100 (D.C.1963).

Unlike the assumption-of-risk doctrine, which operates only when the plaintiff actually knows the full scope and magnitude of a danger but voluntarily exposes himself to it, contributory negligence applies “ ‘when a party knows or by the exercise of ordinary care should have known a particular fact or circumstance....” Stager, 494 A.2d at 1311 (quoting Sierra Pacific Power Co. v. Anderson, 77 Nev. 68, 358 P.2d 892, 894 (1961)) (emphasis in original). The contributory negligence framework also applies in cases of unreasonable risk taking, District of Columbia v. Mitchell, 533 A.2d 629, 639 (D.C.1987), involving allegations that a plaintiff voluntarily but unreasonably accepted a known risk, in which case “the focus ... is on the reasonableness of the plaintiffs conduct rather than the vol-untariness of it.” Phillips v. Fujitec America, Inc., 3 A.3d 324, 328 (D.C.2010).

“Whether a plaintiff is eontribu-torily negligent is usually a question for the jury” and “it is the rare case with evidence so clear and unambiguous that contributory negligence should be found as a matter of law.” Paraskevaides v. Four Seasons Washington, 292 F.3d 886, 893 (D.C.Cir.2002) (internal quotation marks omitted). That being said, “[s]ome fact patterns allow [the court] to take the question away from the jury.” Phillips, 3 A.3d at 329 n. 16. Accordingly, when “reasonable persons, after viewing the facts in the light most favorable to the non-moving party, can draw but one inference from those facts, and where that one inference points ‘unerringly’ to the conclusion that the plaintiff failed to act reasonably under the circumstances, [the court] may find that [the plaintiff] was contributorily negligent as a matter of law.” Id. (quoting Starks v. North East Ins. Co., 408 A.2d 980, 982 (D.C.1979)). The burden of proving contributory negligence by a preponderance of the evidence, however, rests with the defendants. Aetna Cas. & Sur. Co. v. Carter, 549 A.2d 1117, 1119 (D.C.1988); Poyner v. Loftus, 694 A.2d 69, 71 (D.C.1997).

II.

The undisputed evidence reveals that there are three instances when Frank Stotmeister’s own negligence contributed to his injury and death. First, when the water from the cut water-main pipe began to overflow the trench and flood the steam vault and manholes, Frank Stotmeister should have exercised his authority as the superintendent of the water line tie-in project to (A) halt the project entirely, (B) notify officials at GSA HOTD about the abnormal situation involving the steam system and/or (C) shut down the steam system at the Point of Connection. Instead, Frank Stotmeister acted unreasonably by failing to notify GSA HOTD officials that the steam system was being exposed to an unusual amount of water from the cut water-main pipe, directing the contractors to continue working in the trench despite all signs that the abnormal circumstances were creating a hazard, and failing to shut down the steam system to eliminate the risk of a steam leak or explosion posed by the hammering steam pipe.

The plaintiffs do not dispute that, as Grunley-Walsh’s superintendent, Frank Stotmeister was responsible for all the construction activities and subcontractors on site the morning of the steam explosion. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 71, Bassem Soueidan Dep. 15:20-16:6 (Jan. 18, 2008) [ECF No. 206-6] (stating that Frank Stotmeister’s responsibilities as superintendent were to “[b]asically oversee all of the construction activities, coordinate the subcontractors, coordinate with the client to a certain extent, and make sure that scheduled milestones are met” and he was “basically the front man for Grunley-Walsh on a day-to-day basis, or in this case a night-to-night basis since the job was done at night”); accord J.A. In Supp. of Joint Mot. for Summ. J. Ex. A, Brian Staudenmaier Dep. 14:4-14:9 (Mar. 12, 2008) [ECF No. 161-1] (stating that he was Frank Stotmeister’s immediate supervisor but that Stotmeister “had the day-today responsibility, oversight of the job and the contractors on the site”). It also is undisputed that Frank Stotmeister was responsible for safety at the job site and was “authorized to immediately stop work at the job-site if any ... safety hazard is observed.... ” United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 10, Grunley-Walsh Joint Venture, Price Proposal, Section 2.H Safety Program at 43 [ECF No. 122-1], Frank Stot-meister also was contractually responsible for administering and enforcing Grunley-Walsh’s Safety and Accident Prevention Plan, including “[a] thorough and continuing analysis of potential hazards.” Id. at 42. Moreover, in the event of an emergency, Grunley-Walsh’s contract authorized Frank Stotmeister to shut down the entire steam system at the Point of Connection located in the vault at the intersection of 17th Street and New York Avenue. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 25, Expert Witness Report of Suzanne H. Harness 8 (Apr. 29, 2010) [ECF No. 202-12]; United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 11, Robert Hixon Dep. 215:9-215:19 (Mar. 1, 2011) [ECF No. 122-1]; United States’ Mot. for Summ. J. Ex. 2, Greg Westphal Dep. 309:18-310:4 (March 11, 2010) [ECF No. 85-1].

The plaintiffs concede that the water flooding the steam vault was “abnormal and problematic.” Stotmeister Pis.’ Disputed Material Facts ¶ 39 [ECF No. 196-2], Frank Stotmeister knew or should have known that the hammering in the steam pipe was being caused by this abnormal flooding. Frank Stotmeister knew that the water from the water-main pipe was overflowing the trench and flooding the steam tunnel toward Manhole 10 because it was visible from where he stood at the trench. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 157:6-157:21 (Dec. 10, 2007) [ECF No. 205-15]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. K, Gary Sims Dep. 100:16-100:22 (July 7, 2010) [ECF No. 162-4] (stating that he did not inform anyone that the berm was leaking because “Mr. Frank ... was standing right over top of the hole”). Steam also could be seen rising out of the manholes, Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 208:1-208:12 (Dec. 10, 2007) [ECF No. 205-15], and Dayrell Schneider testified that Frank Stotmeister said that water was running down the tunnel into Manhole 10, id. at Ex. 65, Dayrell Schneider Dep. 157:11-157:13 (“And you have Joe and Frank saying, [w]e’re getting water in 10 coming down the tunnel.”). The steam pipe began hammering only after the water from the water-main pipe overflowed the trench and made contact with the steam pipe, indicating that the hammering was being caused by the overflowing water. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Day-rell Schneider Dep. 208:1-208:12 (Dec. 10, 2007) [ECF No. 205-15]; id. at Ex. 66, Dayrell Schneider Dep. 83:18-84:6, 89:4-89:20, 101:3-101:21, 200:12-201:9, 233:21-237:21 (May 12, 2010) [ECF No. 206-1]; id. at Ex. 67, Gary Sims Dep. 91:7-94:22 (July 7, 2010) [ECF No. 206-2]; id. at Ex. 68, Gary Sims Dep. 285:12-286:18, 328:2-328:9; id. at Ex. 28, Dexter Holmes Dep. 169:4-169:17, 171:17-172:2 (Dec. 9, 2010) [ECF No. 202-15]; J.A. In Supp. of Joint Mot. for Summ. J. Ex. K, Gary Sims Dep. 91:7-94:22 (July 7, 2010) [ECF No. 162-4]; id. at Ex. L, Dayrell Schneider Dep. 167:21-171:4, 224:1-224:11 (Dec. 10, 2007) [ECF No. 162-5]; id. at Ex. M, Dayrell Schneider Dep. 298:14-300:20 (May 12.2010) [ECF No. 162-6]; compare Statement of Material Facts Not In Dispute ¶ 40 [ECF No. 160-1], with Stotmeister Pis.’ Disputed Material Facts [ECF No. 196-2] (indicating no dispute with paragraph 40). The plaintiffs concede that “[t]he water flowing from the 20-inch water main entered the steam vault” and “contacted the steam lines[,]” which “caused condensate to form rapidly and mix with the steam in the steam lines” and “[w]hen that happened, the steam pipes jumped and made a loud hammering noise.” Stotmeister Pis.’ Disputed Material Facts ¶ 72 [ECF No. 196-2],

Frank Stotmeister also knew or should have known that the hammering steam pipe was a danger. When the steam pipe started hammering, Dayrell Schneider (1) ordered the subcontractors to evacuate the trench, (2) told Frank Stotmeister that he felt the situation was hazardous, and (3) asked Stotmeister three times to shut down the steam system, putting Stot-meister on notice that Schneider believed the situation was dangerous. Furthermore, after Dayrell Schneider asked Frank Stotmeister to shut down the steam system, Stotmeister ordered the contractors to create a berm out of backfill to prevent water from flowing into the steam tunnel. Frank Stotmeister’s actions in this regard lead to the logical inference that Stotmeister knew there was a correlation between the water flooding the steam tunnel and the hammering that was occurring in the steam pipe — and he recognized that the situation was problematic; otherwise, there would have been no reason to take the precaution of building a. berm.

The plaintiffs’ own expert witness explained that once the water hammering occurred there was “a high degree of risk” that warranted evaluation by “the [GSA] HOTD people, who are experts in their system” to determine why the water hammer was occurring and “[w]hat is the damage as a consequence of all this water getting in — in the steam tunnels[.]” United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 11, Robert Hixon Dep. 185:5-20 (Mar. 1, 2011) [ECF No. .122-1]. Another of the plaintiffs’ expert witnesses characterized the water hammering in the steam pipe as “a dangerous condition,” Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 58, Roland O’Brien-Bills Report 2 (Jan. 20, 2011) [ECF No. 205-8], and found that “[t]he development of the water hammer in the high-pressure steam piping along 17th Street NW should have constituted an emergency,” id. at 79. Significantly, that same expert witness also concluded that “[t]he reasonable standard of care ... was to secure the large steam-stop valve in the steam tunnel [at] New York Avenue and 17th Street NW when water started to enter the steam tunnel crawl-space and manholes [,]” id. at 79 (emphasis added). The plaintiffs’ expert also found that “[t]he simple decision of closing the steam-stop [valve] at the steam tunnel at New York Avenue and 17th Street NW [the Point of Connection] at around 2:30-AM when the hammer first, occurred would have prevented the steam-condensate water hammer that occurred after 2-AM to 8:51-AM.” Id. at 79. In other words, given that an emergency was' occurring, if Frank Stotmeister had exercised his authority to shut the steam down at the Point of Connection when Dayrell Schneider thrice asked him to do so the steam explosion that killed Stotmeister and Joseph Hudert might not have occurred.

The same expert who found that the tragedy might have been avoided by shutting the steam system down at the Point of Connection when water began flooding the steam tunnels also concluded that “[fjlood-ing from the water main(s) into the steam tunnel crawl space and manholes and on the steam pipe caused the steam-condensate water hammer.” Id. at 80. The expert further stated during a deposition that the conditions during the water line tie-in project were “abnormal” and no particular training would be needed to understand that if the steam vault and manholes were being flooded with water there might be condensate forming in the steam line. Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 57, Roland O’Brien-Bills Dep. 848:4-849:14 (June 8, 2011) [ECF No. 205-7] (stating “I don’t think you need particular training to understand the physics, especially when it’s first pointed out”). Consistent with the expert’s testimony, Dayrell Schneider stated during a deposition that, with respect, to the water flowing into the steam tunnel, he viewed the situation to be “not normal.” Exs. In Supp. of Stotmeis-ter Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 65, Dayrell Schneider Dep. 173:11-173:21 (Dec. 10, 2007) [ECF No. 205-15].

As the superintendent of the water line tie-in project Frank Stotmeister was the responsible contractor on site who had the authority to halt the project, call GSA HOTD personnel to advise them about the abnormal flooding in the steam system and confirm whether it was safe to proceed with the project, or shut down the steam system at the Point of Connection when the steam pipes started hammering and Dayrell Schneider asked him three times to do so. Frank Stotmeister could see that the steam tunnel was being flooded by the water overflowing the trench and was on notice that the subcontractors considered the situation to be dangerous. By exercising his authority to shut down the steam system or halt the work at that point in time, Frank Stotmeister could have eliminated the risk of danger posed by the steam pipe and prevented the tragic explosion that ultimately killed him. Instead, Frank Stotmeister directed the contractors to dump backfill into the trench and continue working, despite all indications that a dangerous situation had evolved, and without ever notifying officials at GSA HOTD about the water flooding the steam tunnel. As a consequence, the water continued to overflow the trench, flood the steam tunnel, and cause condensation to build in the steam pipe, which ultimately led to the water-hammer blast that exploded from the drip leg in Manhole 11 and killed Frank Stotmeister and Joseph Hudert. Exs. In Supp. of Stotmeis-ter Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 57, Roland O’Brien-Bills Dep. 812:1-812:20 (June 8, 2011) [ECF No. 205-7] (stating that excess condensation was forming in the steam pipes as a result of the water overflowing from the main); id. at Ex. 58, Roland O’Brien-Bills Report 54 (Jan. 20, 2011) [ECF No. 205-8] (stating that shock waves from the mixing of condensation and steam in the pipe blew tile drip leg). Under the circumstances, Stotmeister’s failure to halt the water line tie-in project, shut down the steam system, or contact GSA HOTD to confirm the safety of the flooded steam system was both unreasonable and imprudent.

III.

The second instance when Frank Stot-meister’s negligence contributed to the cause of his injury and death occurred when Stotmeister shut off the steam-line valve in Manhole 11 at the behest of Thomas Johnson and the plumbers who were attempting to repair damage to the NEOB steam station caused by the steam system water hammering. When requested to shut off the steam, Frank Stotmeis-ter did so unreasonably by (1) entering Manhole 11 without authority and (2) operating the steam-line valve located in Manhole 11 without authority.

Frank Stotmeister had no authority to enter Manhole 11 because it was restricted federal property that was outside the scope of work for the water line tie-in project. United States’ Mot. for Summ. J., Supplemental Decl. of Greg Westphal ¶ 4 [ECF No. 106-1] (stating that “[e]ntry into the Steam Distribution Complex (‘SDC’) is highly restricted”); United States’ Mot. for Summ. J. Ex. 2, Greg Westphal Dep. 1128:2-1128:8 (June 1, 2010) [ECF No. 85-1] (“Nobody was authorized to go into that manhole at any time. There was no work being performed in that manhole. They had no authority — they had no business being in that manhole ... regardless.”); id. at 1128:9-1128:21 (“Nobody had permission to go down in the manhole. There was no work being performed.”); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 188:15-188:19 (Mar. 16, 2007) [ECF No. 206-5] (“I can tell you that, prior to the date of the incident, all contract work related to the Steam Line Replacement Project, specifically as it relates to that portion of the work, was completed and back on service.”); United States’ Mot. for Summ. J. Ex. 3, Dayrell Schneider Dep. 226:6-227:13 (May 12, 2010) [ECF No. 85-1] (affirming that there was no work involving Manhole 11 and there was no reason for the contractors to be in that manhole the morning of April 23); United States’ Supplemental Mem. In Supp. of Mot. for Summ. J. Ex. 5, Bassem Soueidan Dep. 167:14-167:16 (Mar. 27, 2008) [ECF No. 122-1] (“After we turned the steam over two to three weeks prior to the date ... we had no business touching the steam system”).

Moreover, even assuming for the sake of argument that Frank Stotmeister was authorized to enter Manhole 11, it is undisputed that he was never authorized to manipulate the steam-line valve located in that manhole, regardless of whether he was directed to do so by the government. J.A. In Supp. of Joint Mot. for Summ. J. Ex. B, Bassem Soueidan Dep. 151:16— 152:12 (Mar. 16, 2007) [ECF No. 161-2] (stating that, with respect to Grunley-Walsh, “[w]e were not allowed to turn ‘a valve on or off ... by contract”); United States’ Combined Reply In Supp. of Mot. for Summ. J. Ex.7, Mark Middleton Dep. 181:8-182:20 (Apr. 12, 2010) [ECF No. 106-2] (agreeing that when the steam system needed to be shut off or on that it was to be done by GSA and no one else); id. at Ex. 6, Thomas Johnson Dep. 435:7-435:13 (Nov. 17, 2010) [ECF No. 106-2] (stating that contractors “cannot operate the steam valves”); Pis.’ Mem. of P. & A. In Opp’n To Defs.’ Joint Mot. for Summ. J. 21 [ECF No. 196] (noting Bassem Soueidan’s testimony that Grunley-Walsh does not operate systems for owners). Indeed, Frank Stotmeister’s boss, Bassem Soueidan, confirmed that “with or without direction from the government, we as a contractor don’t typically handle life systems,” United States’ Combined Reply In Supp. of Mot. for Summ. J. Ex. 1, Bassem Soueidan Dep. 71:3-71:5 (May 25, 2010) [ECF No. 106-2] (emphasis added), and “[w]e were not authorized ... to do either, de-energize or energize the steam line,” using the feeder and shut-off valves along the steam line, id. at 52:5-6. Accord Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 188:2-188:8 (Mar. 16, 2007) [ECF No. 206-5] (confirming that Grun-ley-Walsh was not allowed to turn steam on or off at the job site because “by contract, that’s not our scope of work to do”). This point is further corroborated by an expert report submitted by the plaintiffs that states that “Contractors do not have the authority to operate GSA steam valves-” Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 25, Expert Witness Report of Suzanne H. Harness 8 (Apr. 29, 2010) [ECF No. 202-12],

There is no question that Frank Stot-meister knew he was not authorized to manipulate the steam-line valve in Manhole 11 for the purpose of shutting off the steam because Grunley-Walsh employees were twice rebuked when Grunley-Walsh’s subcontractor, M & M Welding, shut off steam while performing work for the 17th Street Steam Distribution Project. During the first occurrence, M & M Welding shut down a temporary boiler connected to Manhole 11 that was supplying steam to the New Executive Office Building, after which Grunley-Walsh and its contractors were “reprimanded very heavily” by GSA officials. United States’ Supplemental Mem. In Support of Mot. for Summ. J. Ex. 4, Bassem Soueidan Dep. 36:7-36:9 (Mar. 16, 2007) [ECF No. 122-1], It is undisputed that, as a result, Frank Stotmeister attended a meeting during which GSA officials admonished the contractors about the steam shut down, J.A. In Supp. of Joint Mot.'for Summ. J. Ex. D, Bassem Souei-dan Dep. 58:14-60:18 (May 25, 2010) [ECF No. 161-4], and Bassem Soueidan told Stotmeister that shutting off the steam was not to be done again, id. at 71:10-72:15. In addition, Brian Staudenmaier, Frank Stotmeister’s direct supervisor at Grunley-Walsh, testified during a deposition that, after the incident, he forwarded to Stotmeister a copy of a January 14, 2004, email from a GSA HOTD official stating that the contractors could contact identified GSA HOTD personnel if they needed an “unexpected or unplanned shutdown of the steam.” United States’ Combined Reply In Supp. of Mot, for Summ. J. Ex. 5, Brian Staudenmaier Dep. 67:5-67:18 (Mar. 12, 2008) [ECF No. 106-2], That email stated that Grunley-Walsh should contact the specified GSA HOTD officials “[f|or emergencies when you need valves to be opened/closed.” J.A. In Supp. of Joint Mot. for Summ. J. Ex. B, Email from Greg Westphal to Brian Staudenmaier (Jan. 14, 2004) [ECF No. 161-2] (deposition exhibit).

Another unauthorized occurrence took place about two weeks later and involved M & M Welding shutting down and reopening the steam valve located in Manhole 7, which caused a steam pressure drop at the Old Executive Office Building. J.A. In Supp. of Joint Mot. for Summ. J. Exi B, Email from Joel Klotz to Thomas Johnson with copies to Leonard Weiser, Greg Westphal and John Bright (Jan. 30, 2004) [ECF No. 161-2] (deposition exhibit); Exs. In Supp. of Stotmeister Pis.’ Mem. of P. & A. In Opp’n to Mots, for Summ. J. Ex. 70, Bassem Soueidan Dep. 45:4 — 46:3 (Mar