arise only after a duty has been found.”) (citations omitted). The D.C. Court of Appeals has acknowledged this criticism of D.C. negligence law, yet has continued to apply the analytical framework as is. See Beretta, 872 A.2d at 641 n. 4. Accordingly, the Court "appl[ies] the law of the District of Columbia as its own courts would apply it” and does not “second-guess the analytical framework those courts have erected.” Workman, 320 F.3d at 265. 11 . Workman opined that "the cases suggest a sliding scale: If the relationship between the parties strongly suggests a duty of protection, then specific evidence of foreseeability is less important, whereas if the relationship is not the type that entails a duty of protection, then the evidentiary hurdle is higher.” Workman, 320 F.3d at 264 (<HOLDING>). The Circuit referenced only the relationship
holding that physicians owed a duty to protect an infant against rhsensitization holding that contractor owed general negligence duty to thirdparty by dangerous condition contractor created on road holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution holding that an international relief organization owed no duty to protect aid contractor from murder by thirdparty somalis holding that a contractor had no duty of care to a third party under a premises liability theory because the contractor was not a landowner or occupier but expressing no opinion as to whether the contractor owed a duty to the third party under general negligence principles because the third partys legal theory was restricted to premises liability