MARILYN RASMUSEN v. JEREMY WHITE, ANTHONY SCHMITT, NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK), BNSF RAILWAY COMPANY

August, 2014

2 Deaths, 2 Serious Injuries

Railroad Crossing Accident

$1,500,000

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PRESS RELEASE:

OTTAWA — Plaintiffs Eric Rasmusen and family announced Thursday that through their attorneys, The Cantlin Law Firm, they have agreed to a $1 million settlement of their lawsuit against two defendants, Amtrak and BNSF Railroad.

On July 13, 2009, Marilyn Rasmusen was driving home with her husband Benjamin Rasmusen and three grandchildren, Amelia, Elizabeth and Benjamin, when her car was struck by an Amtrak train going 81 mph at a crossing without lights or gates on BNSF tracks between Leland and Somonauk.

Dr. and Mrs. Rasmusen and Elizabeth were killed immediately. Amelia and Benjamin were helicoptered to a Rockford Memorial Hospital.

The couple’s son, Eric Rasmusen, pursued a lawsuit against Amtrak and BNSF on behalf of the family. They were represented in the Federal District Court of the Northern District of Illinois by The Cantlin Law Firm of Ottawa, and by John L. Cantlin and Timothy B. Cantlin in particular. Anderson Rasor and Partners of Chicago represented Amtrak and BNSF.

The parties have now agreed to settlement of the case for $1 million, to be divided among the couple’s children and grandchildren.

In a press release from the Cantlin firm, plaintiff Eric Rasmusen stated: “Everyone knew that crossing was dangerous. After the crash, safety features including lights and gates were added to that particular crossing. I hope this will prompt the improvement of other rural crossings in Illinois and around the country. We still grieve for Grandma, Grandpa, and Elizabeth, and a permanent hole has been left in the middle of our family, but God calls each of us to be ready to leave this life at any time.

“We know He intends everything for good, whether we understand what He’s doing or not, and we’re thankful that Benjamin and Amelia are presently in good health, physically, mentally, and spiritually.”

The day after the 3 p.m., fatal crash, La Salle County Sheriff Tom Templeton, told the NewsTribune, “The railroad crossing is just a plain rural crossing with just a sign, no gate or lights.”