Families get $700K settlement in Old Town train deaths, but it was never about money
When attorney Phil deMaine looks out on where McCarver Street crosses the railroad tracks and meets Ruston Way in Old Town, he sees fencing, warning signs and — most importantly — safety arms that keep pedestrians out of harm’s way.
Then he thinks of Cale Tyler and Alexandria Lewis, and a time when none of those things were there.
In a span of 12 months between 2015 and 2016, Tyler and Lewis were both killed by passing Amtrak trains at the crossing.
Tyler, who was jogging with his wife and a Tacoma runners club, was 31 when he died in November 2015.
Almost exactly a year later, Lewis, 28, was hit and killed while returning from a break along the waterfront to the law office where she worked with deMaine.
According to the families of Tyler and Lewis, both fatal accidents were preventable, a culmination of insufficient safety precautions, freight trains obscuring the view of oncoming passenger trains and brief moments of human misjudgment.
That’s why they pushed so hard for new and improved pedestrian safety measures to be installed at the crossing, which were eventually put in place in 2018.
And that’s why, in 2017, both families sued the city of Tacoma, alleging that neglect led to the deaths of their loved ones.
This week, at long last, the court cases came to an end.
On Tuesday, the Tacoma City Council authorized a settlement to the families of Tyler and Lewis, totaling $700,000.
The payout — which took more than two years to materialize — officially settles all claims brought against the city by Tyler and Lewis’ estates, which were consolidated into one court case.
In a statement sent to The News Tribune via email, the city acknowledged that it had reached “a settlement agreeable to all parties.”
“Although the City met all federal, state and local state safety requirements related to the railway crossing at McCarver Street, at this time it was in the best interests of everyone to bring closure to these matters,” the city’s statement said. “The City continues to offer its condolences to the families for their losses.”
While the financial settlement might close the book for some, Kristin Tyler, Cale’s sister-in-law, said on Wednesday that the 31-year-old’s legacy will live on.
This was never about the money.
It was always about preventing future deaths.
Nearly five years after Cale died, Tyler said “not a day goes by that we don’t think of (Cale).”
“For those of us lucky enough to know Cale, he left a legacy reminding us to live every day to the fullest. To enjoy the beauty of nature and be grateful for the simple joys in life. To be kind to strangers and help others any chance you get,” Tyler said.
“Cale may have only lived on this earth for 31 years, but he packed a whole lot of life into those years,” his sister-in-law added.
Tyler also said she takes at least some solace in the fact that Cale’s death helped spark necessary changes at the crossing.
She prays that another family will never know the grief that her family has been left to live with.
“I am so thankful there hasn’t been another death at this crossing since the enhanced fencing and pedestrian gates were installed,” said Tyler, adding she still hopes that “one day there will be a pedestrian bridge over this crossing.”
From his office in Old Town, deMaine encounters daily reminders of Lewis, who left a husband and two small boys when she died.
There’s a picture of Lewis hanging on the wall, deMaine said, but the most lasting reminder is what he sees when he visits the waterfront.
“You can’t walk across (the railroad tracks) without remembering,” deMaine said Wednesday, adding it brings him peace when he sees people “adhering to the pedestrian gates.”
“We miss Alexandria, and nothing is going to bring her back,” deMaine continued, describing the safety measures as “a legacy that will honor her and Cale and keep people safe.”
Asked about Tuesday’s settlement with the city, deMaine hopes it will help “bring closure to these two families.”
They certainly deserve whatever closure they can find.
With the case finally settled, they also deserve our thanks, and to be remembered.
Through pain and perseverance, both families have helped make Tacoma just a little bit safer.
