her claims. In support of its argument, CSX relies on evidence outside of the pleadings, including documents filed and transcripts made in connection with Lawrence v. CSX Corp., a nearly identical case filed in Baltimore County Circuit Court by Alice Lawrence, sister of plaintiff and decedent. As the Court will consider this evidence outside the pleadings, CSX’s motion will be treated as one for summary judgment. See Fed.R.Civ.P. 12(b). Under the D.C. Survival Act, a right of action survives to a decedent’s “legal representative” where the right of action accrued to the decedent prior to his death. D.C.Code § 12-101. If the decedent left heirs at law, then the decedent’s legal representative should be an heir at law. Saunders v. Air Florida, Inc., 558 F.Supp. 1233, 1235 (D.D.C.1983) (<HOLDING>) (citing to Strother v. Dist. of Columbia, 372
holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act holding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own holding that shareholders had standing to bring derivative suit against the government but not direct suit due to lack of privity holding that plaintiffs did not have standing to bring survival act suit because decedent left heirs at law but plaintiffs were not among them holding that where one plaintiff has standing we need not consider whether the other individual and corporate plaintiffs have standing to maintain the suit