Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Parts (OP)
Reporting from Chicago— Calling it a "tragically bizarre" case, an Illinois appeals court has ruled that a man killed by a train while crossing the tracks at a Chicago Metra station can be held responsible after part of his body struck and injured a bystander.
In 2008, Hiroyuki Joho, 18, was hurrying in the pouring rain with an umbrella over his head, trying to catch a Metra train, when he was struck by an Amtrak train traveling at more than 70 mph.
Several witnesses said he was smiling as the train hit him.
A large portion of his body flew about 100 feet onto the southbound platform, where it struck Gayane Zokhrabov, then 58. She was knocked to the ground, her leg and wrist broken and her shoulder injured.
A Cook County judge dismissed Zokhrabov's lawsuit against Joho's estate, finding that Joho could not have anticipated Zokhrabov's injuries.
But the appellate court disagreed. After noting that the case law involving "flying bodies" is sparse, it ruled that "it was reasonably foreseeable" that the high-speed train would kill Joho and fling his body toward a platform where people were waiting.
Leslie Rosen, who handled Zokhrabov's appeal, said although the circumstances were "very peculiar and gory and creepy," it was a straightforward negligence case, no different than if a train passenger had been injured after the engineer hit the brakes.
"If you do something as stupid as this guy did, you have to be responsible for what comes from it," she said.
A young man gets killed in a train crash and his body parts hits this woman who in turn sues the dead man's estate. Hilarious.
(I must be getting old )
Last edited by Ar-RaYYan; 01-20-2012 at 07:28 PM.
Reason: adding extra words...
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Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by Ar-RaYYan
A young man gets killed in a train crash and his body parts hits this woman who in turn sues the dead man's estate. Hilarious.
(I must be getting old )
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by Jεώel oғ ωïѕdoм
As'Salaamu Alaaykum
erm, why would you smile while having a 70 miles per hour train coming your way?! maybe it wasn't suicide..
you make it sound hilarious, astagfirullah
He it is Who sends blessings on you, as do His angels, that He may bring you out from the depths of Darkness into Light: and He is Full of Mercy to the Believers. [Quran {33:43}] www.QuranicAudio.com www.Quran.com
He it is Who sends blessings on you, as do His angels, that He may bring you out from the depths of Darkness into Light: and He is Full of Mercy to the Believers. [Quran {33:43}] www.QuranicAudio.com www.Quran.com
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by ardianto
A question. If a golf ball hit her head, will she sue the ball or the golfer?
That's why some people were questioning, why didn' she sue the train company?. But I guess, her lawyer is afraid to sue "The Giant".
Correct. Though given the circumstances the train company may well have made a goodwill payment out of court if she had sued them. In fact, I wouldn't be surprised she did try and sue them and the report is omitting to state that fact.
Either way, it's just wrong to sue the man's estate. His family have been through enough without silly litigation like this.
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by ardianto
A question. If a golf ball hit her head, will she sue the ball or the golfer?
That's why some people were questioning, why didn' she sue the train company?. But I guess, her lawyer is afraid to sue "The Giant".
knowing she's an american, probably both
He it is Who sends blessings on you, as do His angels, that He may bring you out from the depths of Darkness into Light: and He is Full of Mercy to the Believers. [Quran {33:43}] www.QuranicAudio.com www.Quran.com
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
I think we can almost be certain that her lawyer had some big say in the matter.
In the US they are called "ambulance lawyers", they are lowly lawyers who chase after any victims of anything/anyone and manipulate them to sue anyone/anything that may have have had any cause in their injuries.
Several witnesses said he was smiling as the train hit him.
Salaam,
Wut? O_o
But the appellate court disagreed. After noting that the case law involving "flying bodies" is sparse, it ruled that "it was reasonably foreseeable" that the high-speed train would kill Joho and fling his body toward a platform where people were waiting.
Ah what load of crap.
Leslie Rosen, who handled Zokhrabov's appeal, said although the circumstances were "very peculiar and gory and creepy," it was a straightforward negligence case, no different than if a train passenger had been injured after the engineer hit the brakes.
How can this be a straightforward negligence case? The appeal court had to deal with this one.
"If you do something as stupid as this guy did, you have to be responsible for what comes from it," she said.
The poor guy is dead.
Can't wait to ride a train over you. Let's see how much control you have over your flying body parts [removed].
Seriously, what's the point in suing a dead man?
Estate.
Honestly, personal injury/negligence cases have gone out of control.
format_quote Originally Posted by 'Abd Al-Maajid
A large portion of his body flew about 100 feet onto the southbound platform, where it struck Gayane Zokhrabov, then 58. She was knocked to the ground, her leg and wrist broken and her shoulder injured.
Oh get over it. Just be lucky that your still alive.
format_quote Originally Posted by Lowe
Erm okay. Give the guy a break, he died. Surely he didn't intend to purposefully hit the woman with his dead body parts.
Claimants don't care. If I was the Judge, I would tell the claimant be lucky that your alive, get some therapy, get a life and move on. Ugh...
Last edited by ~Raindrop~; 01-22-2012 at 05:08 PM.
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Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
Also, if it were a straightforward negligence case 'no different than if a train passenger had been injured after an engineer hit the brakes', why are they pursuing the dead man rather than the train company?
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
axiom of the century: do not forget to put chains on your body before standing in front of a train lest your dead body hurts someone. And ooh, do not forget to smile right when the train is about to destroy those shiny white teeth. Now is colgate gonna also sue him for bad publicity of their toothpaste?
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. Give the guy a break, he died. Surely he didn't intend to purposefully hit the woman with his dead body parts.
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