News & Events

News & Events

8.22.2011

Lane Powell Achieves Summary Judgment Dismissal for Client BNSF Railway Company

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Lane Powell achieved a significant victory of summary judgment dismissal for our client BNSF Railway Company in Whatcom County Superior Court on August 12. After lengthy oral argument, Judge Charles Snyder granted our motion for dismissal in Haykin v. City of Bellingham and BNSF Railway Company based on the immunity provisions of Washington’s Recreational Use Statute. Plaintiff’s wife died on May 20, 2008, in a bicycle-train collision at a pedestrian crossing in Boulevard Park in Bellingham, Wash., while cycling on the South Bay trail. Plaintiff claimed that the crossing should have been equipped with pedestrian gates and flashing lights because stop signs at the crossing were not effective. Before the motion was filed, plaintiff had claimed $2 million in damages. Lane Powell Railroad and Mass Transportation Team members included Lane Powell attorneys Tim Wackerbarth and Warren Babb.