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OWEN v. BNSF RAILROAD, INC.

No. 48093-6-I.

56 P.3d 1006 (2002)

Jean M. OWEN, as ExPR of the Estate of Glenn and Margie Nelson, deceased, and Jean Owen, personally, Appellant, v. BURLINGTON NORTHERN SANTA FE RAILROAD, INC., City of Tukwila and State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied December 24, 2002.

Attorney(s) appearing for the Case

Mark Conlin Jobson, Assistant Attorney General, Office of the Atty. Gen. Torts, Olympia, WA, for Respondents, State of Washington.

Brian Paul Russell, Attorney At Law, Seattle, WA, for Appellant, Jean Owen.

Brenda Louise Bannon, Andrew George Cooley, Keating, Bucklin & McCormack, Seattle, for Burlington Northern Railroad.

BECKER, C.J.

Glenn and Margie Nelson were killed when a train collided with their vehicle at a railroad crossing in Tukwila. The City of Tukwila and the State of Washington, sued for wrongful death by the Nelsons' daughter, Jean Owen, were dismissed on summary judgment. Because Owen supplied sufficient evidence that Tukwila was negligent with respect to traffic control measures at the intersection, we reverse the order dismissing...

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