Motorcycle Accident Results
$752,000 – Largest Wrongful Death Jury Verdict for Minor in Whatcom County History
At 11 p.m. one evening, 16-year-old Jody Holz was riding his 750cc Yamaha motorcycle on a little-traveled road in Whatcom County, Washington State. Burlington Northern had parked a freight train with a black tank car across the county road while the disengaged engines traveled to a nearby track to pick up additional cars. Although two 10-minute flares were left at the crossing, the accident occurred after they had burned out, but before the crew had returned to pick up the train. Jody Holz collided with the tank car and died.
The primary issue turned out to be whether the train was “plainly visible”, according to Washington State law RCW 45.51.340, to the approaching motorcyclist who is held to the standard defense instruction that a person has a duty to see that which would be seen by a person exercising ordinary care. By court order, Burlington Northern was forced to provide a tank car for accident reconstruction. An identical motorcycle was brought to the scene, and a professional photographer took photos of the tank car illuminated only by the motorcycle’s headlight from 50 to 450 feet back from the tank car. A videotape was then produced showing each black and white photograph measured at exact one second intervals. When played back, the videotape thus created “the last nine seconds of Jody Holz’s life.” The train became visible only for the last two seconds or 100 feet, far too late to avoid the collision.
Burlington Northern’s liability was established through the testimony of a railroad safety consultant who testified that the railroad failed to exercise reasonable care, and in fact violated the industry standard adopted by Burlington Northern which says that “a public crossing shall not be blocked longer than five minutes when it can be avoided.” All four crewmen admitted the train blocked the road for 10 to 15 minutes. The engineer testified that although the train “generally” performed its switching maneuvers in the manner recommended by the railroad safety consultant, on this and many other occasions an alternative method was used which did block the county road.
Throughout the trial, Burlington Northern denied negligence, denied that the industry standard was applicable, and claimed it was merely a rule to ensure that emergency vehicles are not impeded. The jury found Burlington Northern 95% responsible for the collision.
Whatcom County was also brought into the lawsuit based on two theories: that the county failed to place railroad pavement markings, and that the county failed to illuminate the railroad crossing. The jury assessed 2.5% of the responsibility for the collision against Whatcom County.
Defendants Burlington Northern and Whatcom County tried to establish contributory negligence by claiming that the plaintiff was riding without a helmet, with defective brakes, with headlights inappropriately placed in the dim position, and at an excessive rate of speed. Defense of the contributory negligence aspects of the claim were assisted by testimony of a forensic consultant. The jury found Jody Holz 2.5% negligent.
Economic loss was calculated at $225,000 by economist Robert Patton, Ph.D. The jury added $500,000 for loss of love and companionship. The total verdict was $752,600 gross; $733,785 net.
Plaintiffs were represented by Dean Brett of Brett Murphy.
The case is Holz v. Burlington Northern and Whatcom County, Whatcom County Cause No. 88-2-00603-9.
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For more information on wrongful death claims, please see our Wrongful Death page.
