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.
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by 'Abd Al-Maajid
Seriously, what's the point in suing a dead man?
They're suing his estate.
But yeah, it's still insane.
Also, the way the article is written is just weird. So he ran to catch the Metra train, missed it, then spontaneously decided to commit suicide? What the heck?
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
format_quote Originally Posted by Muezzin
Also, the way the article is written is just weird. So he ran to catch the Metra train, missed it, then spontaneously decided to commit suicide? What the heck?
You forgot this bit... 'And smiled whilst he was at it?'
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
oh wow. I dont' know what else to say.. honestly i thought when he was able to sue before seeing the location i thought it was some poor area in a third world county that i was'nt aware of ..... i don't know other countries laws well enough and some of the ones here are just insane.... i loved my con law courses especially when you read how many times certain laws had changed over and over and over again.
Serena
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
As'Salaamu Alaaykum
erm, why would you smile while having a 70 miles per hour train coming your way?! maybe it wasn't suicide..
anyway, the women should be pleased she's safe and sound while the one who she 'sued' isn't..or atleast wasn't safe at that very moment of being hit by a train and didn't survive.
Last edited by Ğħαrєєвαħ; 01-20-2012 at 03:49 PM.
"Allah! La ilaha illa Huwa (none has the right to be worshipped but He), Al-Hayyul-Qayyum (the Ever Living, the One Who sustains and protects all that exists).".."[Al Qur'aan 3:2]
Re: Man Killed In Train Crash Being Sued By Woman Who Was Hit By His Flying Body Part
Yes, and maybe he thought he was going to die so smiled because he wanted to die smiling? We dont know the reason behind it so no use speculating.
Maybe that woman really needs money or something and thinks this is the only way she will get some? Stupid really, imagine the poor mans family, having to go through losing a son and then someone suing him/his estate or whatever, because of reasons he did not have much control over.
Dear Allah. I pray that whoever reads this message shall have your comfort, joy, peace, love, & guidance. I may not know their troubles, but you do. Please keep protecting us. Ameen.
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Abz2000 liked this post
. 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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