Jury finds Kansas City Southern Railway responsible in crash at Wharton County crossing plaintiffs argued should have been upgraded with basic safety protections

WHARTON COUNTY, Texas, April 20, 2026 /PRNewswire/ -- Arnold and Itkin has secured a $22.45 million verdict against Kansas City Southern Railway, now Canadian Pacific Kansas City Railway.  The case stems from a deadly 2021 collision at a railroad crossing in Wharton County, Texas that had been identified by Federal Railroad Administration data as the most dangerous crossing in the company's North American system.

Jairo Amaya, then 22, was driving home from work with his mother, Marina Amaya, and aunt, Telma Morales, when their vehicle was struck by a train. Marina was killed, while Telma Morales suffered severe injuries.

Jurors heard evidence that the crossing had only a stop sign and lacked basic active warning protections such as lights, bells, or crossing arms, despite evidence the crossing met every major factor associated with what plaintiffs argued was an extra-hazardous crossing requiring safety upgrades. Jurors not only returned the verdict on behalf of the Amaya family but asked the judge to compel Canadian Pacific Kansas City to make necessary safety upgrades.

"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," said Trevor Courtney, attorney at Arnold & Itkin.

"In this case, not only did the jury of Wharton County residents return a verdict in favor of the family, but 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 case also laid bare the human toll of the crash.

Marina Amaya left behind two daughters, including Ashley, who was just 4 years old, and Breidy, who was a high school senior at the time of the crash and began working after her mother's death to help care for her younger sister.

About Arnold & Itkin LLP

Based in Houston, Arnold & Itkin LLP is a nationally recognized personal injury law firm that represents workers and families in high-stakes injury and wrongful death cases, including trucking accidents, industrial accidents, maritime disasters, and catastrophic workplace injuries. The firm has recovered more than $20 billion for clients across the country in verdicts and settlements.

Media contact

Aya Garfaoui
agarfaoui@ArnoldItkin.com

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SOURCE Arnold & Itkin LLP