Flying body parts: Woman injured by severed torso free to sue

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wfgodot

wfgodot

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Woman sues family of teenager killed by train - after she was injured by his flying body parts

Now....what exactly happened??
A man killed while crossing train tracks can be sued for injuries caused to a woman on the platform, when one of his severed body parts hit her, a court has ruled.

Hiroyuki Joho, 18, died when he ran in front of a 70mph Amtrak train at Edgebrook Metra station in Chicago in 2008. It was pouring with rain and the teen had an umbrella over his head.

His body was severed on impact, and a large part became airborne, flying about 100 feet onto the southbound platform, where it hit a commuter.

Gayane Zokhrabov, 58, was knocked to the ground, her leg and wrist broken and her shoulder injured, the Chicago Tribune reported.
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Do I smell a lawsuit?
A Cook County court judge initially dismissed Zokhrabov's lawsuit against the boy's estate, ruling that Joho could not possibly have anticipated Zokhrabov's injuries.

But a state appeals court disagreed. It found that 'it was reasonably foreseeable' that the high-speed train would kill Joho and fling his body toward a platform where people were waiting.
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more, with pictures, at Daily Mail link above
 
Even if she were to win this lawsuit, where are the money coming from? He is dead, he was 18, so highly unlikely he had a lot of money before his demise.
 
jjenny said:
Even if she were to win this lawsuit, where are the money coming from? He is dead, he was 18, so highly unlikely he had a lot of money before his demise.
Click to expand...
It's there somewhere - insurance, more than likely - or a lawyer would never have taken her case.
 
Woof, you have got me hooked on the Daily Mail.

ETA: I always look forward to seeing you post "more, with pictures"

Does that make me a weird person?
 
From the link in the OP:

Seeing what he thought was his local train approaching and expecting it to slow down, Joho went to cross a same-level pedestrian walkway across the tracks to get to the right side of the track.

Read more: http://www.dailymail.co.uk/news/article-2079940/Dead-man-killed-tragic-train-collision-CAN-sued-woman-injured-flying-body-parts.html#ixzz1hxfvSOm0



Based on this information it appears Joho's death was accidental. If he expected the train to slow down he would have never had the foresight to know he'd be hit and his body would go airborne hitting any commuters on the platform.

I've seen accidents like this happen often with commuters not realizing a train was not stopping at a particular station.

I think this lady suing and her lawyer is a :cursing: . I don't see them winning and they should be ashamed of even considering taking advantage of this young mans tragedy.

Add the attorney to the list of ambulance chasers. What a :censored: .

JMO
 
Prediction: this will be settled out of court. Insurance company won't want to risk a runaway jury. She'll get all medical plus x amount for pain and suffering. $100,000 total?
 
Can I be on this jury? If he should have anticipated that his remains would be severed and would fly up onto a platform and injure someone, then certainly this woman should have anticipated that this guy was going to run out onto the track and be hit by the train. She should have run away at the very least or maybe even tried to stop him. Maybe his family should sue her for her negligence in failing to do so.
 
If he expected the train would scatter him into parts, I sincerely doubt he would have run in front of it to begin with. It appears he expected the train was going to slow down. How could he possibly anticipate his remains were going to hit and injure someone? If this were a suicide then I could see how he should have anticipated somebody might get hurt, but this was clearly an accident. I really question the court decision here.
 
It's all about the mighty dollar folks!

It's disgusting.
 
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