The estate of a man who died after being hit by a train is being held liable for the damage inflicted when his severed body parts flew and hit a woman.
Hiroyuki Joho, 18, was rushing through the pouring rain to meet his inbound Metra train due just five minutes later when he stepped onto the tracks and was decimated by the oncoming southbound train. The train’s 70 mph impact caused a good sized chunk of his body to go flying about 100 feet where it struck Gayane Zokhrabov who was waiting for the train to go to work. Zokhrabov was knocked off her feet and suffered a broken leg and wrist as a result.
Zokhrabov sued Joho’s estate but her lawsuit was dismissed by a Cook County judge who found that Joho could not have anticipated Zokhrabov’s injuries. An appeals court disagreed and ruled that “it was reasonably foreseeable” that a speeding train could, you know, kill you.
“If you do something as stupid as this guy did, you have to be responsible for what comes from it,” said Leslie Rosen, the person in charge of Zokhrabov’s appeal.
Joho’s family is in turn sued the railway company for not announcing that Hiroyuki’s Metra train was delayed. Apparently he thought that the train he was stepping out in front of was his? Which still makes no sense – which is probably why the court dismissed it.
The Joho family is (of course) looking to appeal.
(Source: Chicago Tribune)