Mothers Sue Lawyers for Malpractice After Children's Amtrak Deaths
Grieving parents claim attorneys mishandled wrongful death lawsuit filed after sons were killed by a train in Pennsylvania.
The mothers of two young boys killed by an Amtrak train in Pennsylvania have filed a legal malpractice lawsuit against their former attorneys, alleging the lawyers failed to properly pursue their wrongful death claim.
Jahaad Atkinson, 9, and Ah'Yir Womack, 12, died in April 2023 when they walked through an opening in a fence onto Northeast Corridor tracks near Chester, approximately 15 miles south of Philadelphia, and were struck by a southbound Acela train. Their mothers, Siani Gordon and Wydeia Kimble, subsequently filed a wrongful death lawsuit against Amtrak in July 2023.
According to the Philadelphia Inquirer, the new lawsuit claims that their previous legal team, Emeka Igwe and Daniel Purtell, did not include crucial evidence in their case in a timely manner, ultimately leading to its dismissal in March 2024. The complaint alleges that evidence indicated Amtrak acted "wantonly and recklessly," but the attorneys failed to present this information.
"This was an avoidable result," the malpractice suit stated, adding that the lawyers allegedly "failed to present necessary evidence in their possession to pursue valid legal theories that would have led to a successful recovery."
Evidence cited includes an Amtrak Police report that allegedly noted radio discussions about a person on the tracks. At the time of the incident, the opening in the fence was a focal point, with Igwe having stated Amtrak knew the opening was a "danger" and had erected the fence for that reason. He had also accused Amtrak of not investing resources to maintain property in poorer neighborhoods.
US District Judge Mitchell S. Goldberg dismissed the original lawsuit, ruling that the railroad company had no legal duty to fence its property under Pennsylvania law. An updated complaint by Igwe argued that Amtrak train operators should have seen the children and that the track offered sufficient visibility for evasive action.
The case was later transferred to Purtell and his firm, McEldrew Purtell, in April 2025, after Igwe was deployed overseas with the Delaware National Guard. A filing from McEldrew Purtell accused Igwe of a "lack of diligence" and of failing to depose Amtrak or serve discovery requests, suggesting the case languished for a year.
The malpractice suit further claims that Igwe and Purtell declined an offer from Amtrak to mediate the case without informing their clients. During a hearing last May, a McEldrew Purtell attorney reportedly told Judge Mary K. Costello that there was no evidence of "willful and wanton conduct," a statement the judge found significant. In July 2025, Judge Costello ruled in favor of Amtrak, noting the mothers' concession that there was no evidence of such conduct. She also reiterated that the train engineer had sounded the horn approximately sixteen seconds before the accident, before the boys were visible, and that Amtrak had no legal duty to maintain fencing.
Amtrak is not involved in the current legal action.
Emeka Igwe has stated he disagrees strongly with the malpractice allegations, asserting he represented his clients competently and diligently. He mentioned initiating mediation talks with Amtrak before his deployment and understanding that the subsequent firm declined the opportunity. Igwe contended that Judge Costello's ruling was based on Pennsylvania law, not his actions or omissions, and expressed his intent to defend against the malpractice suit.
Daniel Purtell stated that the case is "in active litigation" and declined further comment beyond expressing continued support for his former clients' best interests.
