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Civil Lawsuit filed in Amtrak Derailment in Mendon, Missouri

July 9, 2022

Romanucci & Blandin, LLC, Hupy & Abraham, S.C. and Cross Law Firm, LLC together announce the filing of a civil law suit on behalf of an injured passenger in the Amtrak derailment in Mendon, Missouri on June 27, 2022.

The complaint was filed in U.S. District Court of the Eastern District of Missouri on July 8, 2022. The plaintiff is Marion Stephens, who was injured in the derailment. The defendants are National Railroad Passenger Corporation, a/k/a Amtrak, BNSF Railway Company and MS Contracting, LLC, which owned and operated the dump truck involved in the derailment. It contains three counts of negligence, one for each defendant, and calls for a jury trial.

This legal action arises out of the catastrophic injuries that Marion Stephens sustained when Amtrak Southwest Chief Train 4 derailed after colliding with a dump truck at an uncontrolled crossing in Mendon, Missouri. At the time of the derailment, Amtrak intentionally overcrowded passengers, placing increased ticket sales (and by extension profits) over the safety of passengers onboard the Amtrak Southwest Chief Train 4. As a result, approximately 275 passengers and 12 crew members were recklessly thrusted in harms way, resulting in four deaths (three passengers onboard the train and the truck driver employed by defendant MS Contracting, LLC), with upwards of 150 people reported injured.

The death and destruction caused by defendants’ combined negligence was needless and completely preventable. The cause is clear—the ongoing carelessness of defendants Amtrak and BNSF. Amtrak and BNSF were aware of this threat for years, with both receiving numerous warnings and notices about this passive railroad crossing and requests to upgrade it by adding necessary protective devices, pleas that went ignored.

The plaintiff is represented by Founding Partner Antonio M. Romanucci, Partner Martin D. Gould and Partner David A. Neiman of Romanucci & Blandin, LLC, Partner Gerald “Lee” Cross of Cross Law Firm, and Partner Vito Manicioto of Hupy & Abraham, S.C.

“By placing profits over safety, by promoting its bottom line over human life, defendants Amtrak and BNSF needlessly put the lives of countless passengers in grave peril, including Marion Stephens. As a result of Amtrak and BNSFs corporate greed and deception, and reckless disregard for the well-being of its passengers, Marion sustained significant, permanent injuries from which he will never fully recover. Defendants now must be held accountable for their actions and the untold harms they have caused,” said Antonio M. Romanucci, Founding Partner of Romanucci & Blandin.

“This tragedy was clearly both foreseeable and preventable, and calls to light the need for enhanced safety protections at this particular passive railroad crossing but also at the many others across the country so that more innocent people are not injured or killed,” said Partner Vito Manicioto of Hupy & Abraham, S.C.

“The injuries and trauma suffered by our client and others are the direct result of negligence by the defendants, and we are firmly committed to securing justice on their behalf,” said Partner Gerald “Lee” Cross of Cross Law Firm, LLC.

About Romanucci & Blandin, LLC

Romanucci & Blandin is a Chicago-based national trial practice committed to fighting for victims of negligence, abuse and wrongful death. Founded in 1998, we have decades of history securing verdicts and settlements for our clients - many for millions of dollars and others record-setting awards.  Our expertise ranges from medical malpractice and sexual abuse cases involving individual or institutional negligence to civil rights, police misconduct and workers compensation, making Romanucci & Blandin a valuable legal resource to individuals and groups of people who have been injured by others’ wrongdoing. Referring attorneys and clients say several factors differentiate our firm: Our record of success, depth of experience, talented and dedicated legal team, tireless preparation and strategic use of communications to fight for the rights of those whose lives have been changed forever. We are different from other personal injury firms in that our work does not stop when a verdict or settlement is secured. We are often inspired by our clients’ experiences and commit resources to create change in our communities. For more information about Romanucci & Blandin, please visit or call (312) 458-100

About Hupy & Abraham, S.C.

Founded in 1969 in Milwaukee, personal injury law firm Hupy and Abraham, S.C. has a proven record of success with large settlements in serious cases, collecting over a billion dollars for more than 70,000 satisfied clients. The firm has a long-established reputation of providing sound legal representation to accident victims, securing fair compensation for its clients and giving back to the community.  With 11 offices located in Wisconsin, Illinois and Iowa, the law firm handles personal injury cases including car accidents, motorcycle accidents, wrongful death and pharmaceutical and medical device class actions. For additional information visit or call 800-800-5678.

About Cross Law Firm, LLC

Gerald “Lee” Cross Jr. of Cross Law Firm, LLC, represents clients in Missouri, Kansas, and around the country who have been hurt or injured. Throughout his career, Lee has worked extensively with severely injured people, farmers, wrongful death claims, victims of toxic torts dealing with catastrophic injuries and damages. Lee has also worked against polluters, chemical companies, manufacturers, and utilities around North America. In 2010, Lee was on a team The Public Justice Foundation named as a Finalist for Trial Lawyers of the Year.  Lee was named to The National Trial Lawyers’ Top 40 Under 40 in 2017, and to the NTL's Top 100 Civil Plaintiffs’ Attorneys for 2022.  Lee has also been named a Top Rated Super Lawyer for Personal Injury since 2020, after being a rising star from 2017-19.  Among other organizations, Lee is a member of AAJ, MATA, and KTLA.  For more information please visit or call 844.466.5297 (844.GMO.LAWS). 

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