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Man killed by train can be sued over bystander's injuries An…

11:09 am - 12/29/2011
Man killed by train can be sued over bystander's injuries
An appeals court rules that Hiroyuki Joho, who was killed at a Chicago Metra station, can be held responsible after a portion of his body struck a woman on the platform.

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.

omgangiepants 29th-Dec-2011 06:44 pm (UTC)
Well, second dumbest, after that girl who wants to sue the bar she was drinking at after she drank and drove and got herself paralyzed. That's some grade-A stupidity.
karrixftw 29th-Dec-2011 07:01 pm (UTC)
I'm not sure about the context of this one, but (at least in my state) bars are by law supposed to cut you off if you're drunk, so in a way they would be at least semi responsible.
kyra_neko_rei 30th-Dec-2011 04:58 am (UTC)
I think the sticking point was that she was underage and is suing them for believing her fake ID.

Edit: Or possibly for not asking for ID.

Edited at 2011-12-30 04:59 am (UTC)
karrixftw 30th-Dec-2011 04:42 pm (UTC)
Oh, I didn't see that in the original comment.
quizzicalsphinx 29th-Dec-2011 07:38 pm (UTC)
That's part of the Responsible Vendor program. I know as even as a retail vendor, we weren't allowed to sell alcohol to people who were already intoxicated because we could be held liable if they were involved in an accident.
erunamiryene 29th-Dec-2011 07:59 pm (UTC)
Yeah, but she's also suing the DOT because she, in her drunken state, drove off the road, and the shoulder wasn't made of clouds and rainbows and everything.

Plus, she's not suing because they gave her too much when she was already drunk, she's suing because they didn't card her. Yeah, they're in the wrong for not carding her, but it doesn't sound like she's taking any responsibility for what SHE did at all. She knowingly consumed alcohol. She knowingly drove. She didn't put her seat belt on. Bad shit happened. All of those things were conscious choices by HER; instead, she's suing everyone around her.
psychababble 29th-Dec-2011 08:55 pm (UTC)
Dude, I want to drive in a state where the shoulders of roads are clouds and rainbows... Where do I move?
erunamiryene 29th-Dec-2011 08:56 pm (UTC)
Not Utah. XDDDD

It's probably the same state where everyone drives with the flow of traffic, they all use their turn signals, and they don't tailgate or cut you off. :D (If you find this place, please let me know. XD )
kyra_neko_rei 30th-Dec-2011 05:01 am (UTC)
Come to Minnesota. People are mostly like that outside of the cities, where it's all of a sudden a game of I'm Not Touching You I'm Not Touching You.

Of course, we have glare ice and freezing rain and Michelle Bachmann, so your mileage may vary.
sephirajo 30th-Dec-2011 05:46 pm (UTC)
Don't invite outside drivers here! Then I won't have to wait ten minutes at four way stops as we all wave each other on anymore!
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