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Estate Of Maia Haykin And Richard Haykin, Apps. V. City Of Bellingham, Et Al., Res.

Case No. 10-2-00168-5Whatcom County Superior CourtBellingham, Washington
On May 20, 2008, Decedent Maia Haykin was riding her bicycle on the South Bay Trail, a recreational bicycle and pedestrian trail in Bellingham, Washington. The trail crosses railroad tracks owned by BNSF as it passes into Boulevard Park. Ms. Haykin had both bicycled and walked through the park on numerous prior occasions and was familiar with the crossing. However, on the day of the incident, Ms. Haykin inexplicably failed to heed the marked stop sign as she approached the crossing. She proceeded into the crossing without hesitating, slowing, or even looking to determine if a train was approaching. At the same time, a southbound Amtrak train with bright lights on, its horn blasting, and the bell ringing, approached the crossing at approximately 35 mph. Ms. Haykin was struck by the Amtrak train in the crossing, causing her instantaneous death. Ms. Haykin's estate brought a wrongful death action against the City of Bellingham and the BNSF Railway Company, claiming that the crossing was unsafe and should have been equipped with active warning devices such as lights, bells and gates. This case is believed to be the first one in Washington in which the court found a railroad immune from liability under the state's recreational use immunity statute. Such statutes are common around the country. We achieved a summary judgment of dismissal of all of plaintiff's claims under the Washington Recreational Use Statute, RCW 4.24.210. The estate sought damages over $2M for Ms. Haykin's death. The summary judgment of dismissal resulted in no award of any kind to plaintiff.

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