Frances L. Power, Individually, and as Administratrix of the Estate of Marilyn K. Power v. Union Pacific Railroad Co.

Frances Power, individually and as ad-ministratrix, brought this wrongful death action against Union Pacific, alleging that her daughter Marilyn’s death resulted from the negligent operation of a Union Pacific train. Union Pacific invoked diversity jurisdiction and removed the action to federal court. After a trial without jury, the district court found Union Pacific twenty-five percent negligent, and awarded Power $183,760.00. Union Pacific appeals on the ground that (1) several district court findings and conclusions on the question of negligence were clearly erroneous; (2) the Washington Recreational Use Statute bars recovery; and (3) the damage award was excessive. Because we agree that several of the district court’s key findings and conclusions were based on erroneous law, we reverse and remand.

I

PACTS

On the last day of school, June 6, 1975, decedent Marilyn Power (Marilyn), a 16 year old high school student, walked with some friends along the railroad tracks from “Sunset Beach”, a cluster of homes located on the westside (waterside) of the tracks, to an undeveloped beach some half of a mile south. The group intended to attend a party at the beach, but began to walk…