Arnold & Itkin Wins $22.45 Million Verdict Against Railroad Over Deadly Wharton County Crossing

In September 2021, Jairo Amaya was driving home from work with his mother, Marina, and his aunt, Telma Morales, when a train struck their vehicle at a railroad crossing on County Road 214 in Wharton County, Texas. Marina was killed, while Telma suffered severe injuries. Jairo had done what any driver would do: he slowed down, checked both directions along the track, and proceeded. He never saw the train coming.

A Wharton County jury has now returned a verdict of $22.45 million against Kansas City Southern Railway Company, now operating as Canadian Pacific Kansas City Railway. The result came after Arnold & Itkin attorneys demonstrated that the crossing where the collision occurred was not just dangerous—it was, by the railroad's own data, the most hazardous crossing in the company's entire North American system.

A Crossing That Should Have Been Upgraded

The crossing at County Road 214 was what the railroad industry calls a "passive" crossing: no lights, no bells, no crossing arms—only a stop sign. Active warning systems, by contrast, alert drivers to approaching trains through lights, audible signals, and physical barriers. Federal regulations place responsibility on railroads to evaluate their crossings and recommend upgrades to the Department of Transportation when conditions warrant them.

According to Federal Railroad Administration data presented at trial, the CR 214 crossing ranked as the single most likely crossing in Kansas City Southern's network of more than 2,300 North American locations to be involved in a future incident. It met every established factor that defines what plaintiffs argued was an extra-hazardous crossing requiring an upgrade:

• High traffic volume
• Obstructed sight lines that made approaching trains difficult to spot
• A roadway angle that forced drivers to look sharply over their shoulder to see oncoming trains
• Proximity to a major highway that created light pollution interfering with nighttime visibility
• A documented history of prior collisions at the same location

Investigation into the history of the crossing uncovered five incidents since the crossing opened in 2009, three of which involved drivers in circumstances nearly identical to the Amaya family's.

Despite this record, Kansas City Southern had not upgraded the crossing's warning devices. Before trial, the railroad offered the Amaya family $25,000 to resolve the case. The jury's verdict was nearly 900 times that amount.

The Human Cost

Marina Amaya left behind two daughters. Ashley was four years old when her mother was killed. Breidy was eighteen—a senior at Boling High School in Wharton County—and in the aftermath of the crash, stepped into a caretaking role for her younger sister, working to provide for Ashley after graduation.

The wrongful death of a parent reshapes a family permanently. The verdict reflects not only the negligence the jury found on the part of the railroad, but the irreversible losses the Amaya family has carried since that night.

Holding the Railroad Accountable

Trevor Courtney, the Arnold & Itkin attorney who represented the family, reflected on both the verdict and what it meant for the community where it was won.

"I am very proud of the Amaya family's courage to tell their story and fight to hold the railroad fully accountable for its deadly safety failures," Courtney said. "Not only did the jury of Wharton County residents return a verdict in favor of the family—before they did, they asked the judge whether they could force the railroad to upgrade the crossing warnings with their verdict. That is the definition of accountability."

The jury's question to the judge speaks to something larger than one family's case. Railroad crossing accidents are among the most preventable of all transportation tragedies, and among the most devastating when railroads choose inaction over investment in safety. The verdict in Wharton County sends a clear message about what happens when that choice has consequences.