Kellogg v. Nat'l R.R. Passenger Corp. (Majority)
Annotate this CaseJames Hamre died when an Amtrak train derailed in Dupont, Washington, in 2017. He was survived by his mother, who lived with him, and three adult siblings. Under the wrongful death statutes in effect at the time, James’ mother could recover for his wrongful death because she was dependent on him, while his siblings could recover nothing because they did not rely on James financially. The wrongful death beneficiary statute in effect at that time also denied any recovery to beneficiaries like parents or siblings if they did not reside in the United States. In 2018, one of James’ brothers, acting as his personal representative, agreed to a settlement and release with the National Railroad Passenger Corporation (aka Amtrak), on behalf of their mother, the only then qualifying wrongful death beneficiary. In 2019, the Washington Legislature amended RCW 4.20.020 to remove the requirement that second tier beneficiaries (parents and siblings) be both dependent on the decedent and residents of the United States. It explicitly stated that the amendment should apply retroactively to claims that were not time barred. In 2020, James’ siblings who qualified as beneficiaries under the revised statute brought wrongful death actions against Amtrak. Amtrak argued that retroactive application would violate its contracts clause and due process rights under the Washington Constitution. The federal district court certified two questions to the Washington Supreme Court to address the issue of retroactivity, and the Supreme Court concluded the Washington State Legislature intended the 2019 amendments to RCW 4.20.020 to apply retroactively to permit newly qualified second tier beneficiaries to assert wrongful death claims that were not time barred.
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