OWEN v. BURLINGTON NORTHERN AND SANTA FE R.R. CO.

No. 73621-9.

108 P.3d 1220 (2005)

153 Wash.2d 780

Jean M. OWEN, as Personal Representative of the Estates of Glenn and Margie Nelson, deceased, and Jean M. Owen, personally, Petitioner, v. BURLINGTON NORTHERN AND SANTA FE RAILROAD COMPANY, a Washington corporation, Defendant, City of Tukwila, a municipal corporation, and State of Washington, Respondents.

Supreme Court of Washington, En Banc.

Decided March 24, 2005.


Attorney(s) appearing for the Case

Brenda Louise Bannon, Brian Paul Russell, Seattle, for Petitioner.

Mark Conlin Jobson, Olympia, for Respondents.

Daniel Brian Heid, City of Auburn, Auburn, Charles Craig Parker, Thomas Sean Sheehan, Seattle, for Amicus Curiae City of Seattle.

Daniel Brian Heid, City of Auburn, Auburn, Charles Craig Parker, Seattle, for Amicus Curiae King County and Wash. Ass'n of Municipal Attys.

Debra Leigh Williams Stephens, Bryan Patrick Harnetiaux, Spokane, for Amicus Curiae Wash. State Trial Lawyers Ass'n Foundation.


CHAMBERS, J.

¶ 1 Glenn and Margie Nelson were killed in a car-train collision at a railroad grade crossing in Tukwila, Washington. Their daughter, Jean Owen, brought a wrongful death action against the State of Washington, Burlington Northern and Santa Fe Railroad Company, and the city of Tukwila on behalf of her parents. Burlington Northern settled and on summary judgment, the action against both the city and the State was dismissed by the King County Superior...

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