Court of Appeals for the Ninth Circuit April 6, 2005, No. 03-35718 (Marturello v. National Railroad Passenger Corp.)

lead-opinion

MEMORANDUM *

We must decide whether an Amtrak engineer’s conduct could be found by a jury to have willfully or wantonly caused the death of two young girls. The families of Rachel Marturello and Zandra Lafley appeal the district court’s order granting *329Amtrak summary judgment on appellants’ wrongful death claims. We have jurisdiction pursuant to 28 U.S.C.