Debb - posted on 01/04/2012 ( 62 moms have responded )
I came across this yesterday; it was originally a FB post by my favorite radio station. So, I decided to look up some other news stories about it, to see if it was even real... it is.
Court: Woman can sue dead victim of bizarre train accident: report
Commuter was hit, injured by pieces of teen victim’s body
BY PHILIP CAULFIELD / NEW YORK DAILY NEWS
Thursday, December 29 2011, 3:13 PM
An Illinois court ruled that a woman can sue the estate of a young man who was struck and killed by a speeding train because she was struck and injured by pieces of his body.
An appeals court has ruled that a young man killed in the Chicago area by a speeding train can be sued by a woman who was injured after being struck by a flying piece of his body, according to a local report.
Hiroyuki Joho, 18, was rushing through the rain to catch a Metra commuter train in Edgebrook at around 8 a.m. on Sept. 13, 2008, when he was struck and killed by an Amtrak train clocking more than 70 miles per hour, the Chicago Tribune reports.
Part of his body was thrown more than 100 feet, where it hit Gayane Zokhrabov, 58, who was waiting on a nearby platform for her train to work.
Zokhrabov fell, breaking her wrist and leg and injuring her shoulder.
Zokhrabov later sued Joho's estate, but a Cook County judge threw out the lawsuit, ruling that the young victim couldn't be held responsible for Zokhrabov's injuries, the Tribune reported.
A state court has shot down that ruling, calling the gruesome and bizarre details of the case "reasonably foreseeable."
Leslie Rosen, Zokhrabov's lawyer, told the Tribune that the "gory and creepy" details of the case didn't excuse the teen victim's negligence.
"If you do something as stupid as this guy did, you have to be responsible for what comes from it," she said.
Joho's mother sued the railway for not alerting riders that the Metra train was delayed that morning, but lost.
Okay, this is freaking ridiculous. So who is going to pay? Undoubtedly, the deceased young man’s parents. How sad for them. A loss and now a lawsuit. I truly believe that lawsuits are getting out of control.