Trial Magazine

Amtrak Cascades Train Number 501 left Seattle’s King Street Station en route to Oregon. As the train approached a curve and bridge crossing Interstate 5, it derailed. Multiple passengers were injured, including Dale Skyllingstad, 29, who suffered a traumatic brain injury, a broken pelvis, a spinal fracture, and lacerations to his liver and kidney. Blaine Wilmotte, 24, was crushed when a derailed train car landed on his truck, trapping him for 90 minutes while he suffered excruciating pain. Despite their injuries, Skyllingstad, a sound video technician, and Wilmotte, a welder, have gone back to work.

Skyllingstad, Wilmotte, and Wilmotte’s wife sued Amtrak, alleging that its agents and employees failed to slow the train when navigating a sharp and dangerous curve; operated the train at an unsafe speed; failed to implement a proper train-control safety and speed system, such as the positive train control system; and failed to keep a proper lookout. The plaintiffs also alleged that the defendant’s engineer had insufficient experience and training to safely operate the train on the Seattle route and that the assistant conductor was unqualified.

The defense admitted liability before trial. The jury awarded $16.75 million, including $7.75 million to Skyllingstad, $7 million to Wilmotte, and $2 million to Wilmotte’s wife. 

Citation: Skyllingstad v. Nat’l R.R. Passenger Corp., No. CV18-0648BHS (W.D. Wash. Sept. 13, 2019).

Plaintiff counsel: Sean P. Driscoll and Kristofer S. Riddle, both of Chicago; and AAJ member Patricia E. Anderson, David Benninger, and AAJ member Andrew Hoyal, all of Seattle.