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ESTATE OF HAYKIN v. CITY OF BELLINGHAM

No. 67713-6-I.

ESTATE OF MAIA HAYKIN and RICHARD HAYKIN, individually and as personal representative of the ESTATE OF MAIA HAYKIN, Appellants, v. CITY OF BELLINGHAM, a municipal corporation, and BNSF RAILWAY COMPANY, f/k/a BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, a foreign corporation, Respondents.

Court of Appeals of Washington, Division One.

Filed: October 15, 2012.

Attorney(s) appearing for the Case

Steven John Chance , Attorney at Law, 119 N. Commercial St Ste 275, Bellingham, WA, 98225-4454, Counsel for Appellant.

Shane P. Brady , City of Bellingham, 210 Lottie St, Bellingham, WA, 98225-4089; Andrew George Cooley , Attorney at Law, 800 5th Ave Ste 4141, Seattle, WA, 98104-3189, Counsel for Respondents.

UNPUBLISHED OPINION

ELLINGTON, J.

Bellingham resident Maia Haykin was riding on a public bicycle path when she was struck by a train and killed. On behalf of himself and Maia's estate, Richard Haykin sued the City of Bellingham (City) and the railroad. The court concluded the City and railroad both were immune from suit under RCW 4.24.010, the recreational use statute. This appeal involves only the City. Because the statute confers immunity, we affirm.<...

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