• Woman Sues Man Hit By Train For Injuries Caused By Flying Body Parts
    128 replies, posted
[quote]Ruling in what it called a "tragically bizarre" case, an appeals court found that the estate of a man killed by a train while crossing the Edgebrook [URL="http://www.wtkr.com/topic/economy-business-finance/transportation-industry/railway-industry/metra-ORGOV0000006.topic"]Metra[/URL] station tracks can be held liable after a part of his body sent airborne by the collision struck and injured a bystander. In 2008, Hiroyuki Joho, 18, was hurrying in pouring rain with an umbrella over his head, trying to catch an inbound Metra train due to arrive in about five minutes when he was struck by a southbound Amtrak train traveling more than 70 mph. A large portion of his body was thrown about 100 feet on to the southbound platform, where it struck Gayane Zokhrabov, then 58, who was waiting to catch the 8:17 a.m. train to work. 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. A state appeals court, after noting that the case law involving "flying bodies" is sparse, has disagreed, ruling that "it was reasonably foreseeable" that the high-speed train would kill Joho and fling his body down the tracks toward a platform where people were waiting. Leslie Rosen, who handled Zokhrabov's appeal, said that while the circumstances of the case were "very peculiar and gory and creepy," it ultimately 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. Joho's mother, Jeung-Hee Park, who had just dropped him off before the accident, filed her own lawsuit against Metra and the [URL="http://www.wtkr.com/topic/economy-business-finance/canadian-pacific-railway-limited-ORCRP002576.topic"]Canadian Pacific Railway[/URL]. The lawsuit said both entities were negligent because Joho had no warning that what he thought was his Metra train was actually an express Amtrak train. The Metra train was delayed that day, but there was no announcement on the platform's loudspeakers. A Cook County judge found that the railroads had no duty to warn about such an "open and obvious danger" as a moving train, a decision upheld on appeal. Keith Davidson, one of Park's attorneys, said he is seeking to appeal that ruling to the [URL="http://www.wtkr.com/topic/crime-law-justice/justice-system/illinois-supreme-court-ORGOV000036.topic"]Illinois Supreme Court[/URL]. Two months after Joho's death, another person was killed while crossing the [URL="http://www.wtkr.com/topic/us/illinois/cook-county/chicago/edgebrook-PLGEO100100501252400.topic"]Edgebrook[/URL] station tracks in Chicago. Joyce Chiriboga, 48, died after being struck while following her sister across the tracks in a case that alleged a Metra engineer had failed to keep lookout and blow the horn in time. The case was recently settled for an undisclosed amount, court records show. Other Illinois "flying body" cases include a 1974 Supreme Court ruling from [URL="http://www.wtkr.com/topic/us/illinois/cook-county/la-grange-PLGEO100100501750000.topic"]La Grange[/URL] in which a passenger in a two-car crash at Brainard Street and Ogden Avenue was thrown 30 feet into a public parkway. His leg, which had to be amputated, was impaled on a broken piece of drain pipe the town had left by the road, but courts found that La Grange could not be held liable. In 1951, a postal worker in [URL="http://www.wtkr.com/topic/us/illinois/kankakee-county/momence-PLGEO100101101011207.topic"]Momence[/URL], Ill., was seriously injured after a train struck an elderly woman whose body knocked him into his mail cart, breaking his leg. But in that case, he successfully sued the railroad for operating a train at an unsafe speed.[/quote] [url]http://www.wtkr.com/news/ct-met-train-fatality-suit-20111229,0,1861470.story[/url]
The system works
what the fuck
scum of the earth if only she were the one hit by the train
Not to sound insensitive, but I have to agree with the ruling. If the man is stupid enough to run across the tracks, he and his estate should be held responsible, even after death. It is not the woman's fault that his dismembered limbs hit her.
Talk about going out on a limb.
While I was reading this news story I spilled coffee on my hand and burned myself. I'm sueing Gayane Zokhrabov now
I feel awful for laughing, but just visualising that happening is ridiculously funny.
AAH HA HA HA HA HA Oh my god, she can't be serious.
[QUOTE=HolyCrusade;33954776]Not to sound insensitive, but I have to agree with the ruling. If the man is stupid enough to run across the tracks, he and his estate should be held responsible, even after death. It is not the woman's fault that his dismembered limbs hit her.[/QUOTE] Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol!
Should have sued Amtrak instead. Why the hell was a train travelling at 70 miles an hour so close to a packed train station?
[QUOTE=Drsalvador;33954817]Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol![/QUOTE] Yeah man fuck the people who got hit and who could've gotten seriously injured by someone who decided to jump in front of the train. Let's completely disregard their health and the fact that they saw a man get completely obliterated by a train and were injured by his body parts.
[QUOTE=Drsalvador;33954817]Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol![/QUOTE] This is a hilarious twisting of my words, how cute Also the article mentioned no specifics of the man's family or how much the woman sued for. She could have just sued for the medical bills, you have no idea.
[QUOTE=Soldier32;33954872]Yeah man fuck the people who got hit and who could've gotten seriously injured by someone who decided to jump in front of the train. Let's completely disregard their health and the fact that they saw a man get completely obliterated by a train and were injured by his body parts.[/QUOTE] I don't think he was trying to kill himself. And there is no one to blame for the situation.
[QUOTE=Soldier32;33954872]Yeah man fuck the people who got hit and who could've gotten seriously injured by someone who decided to jump in front of the train. Let's completely disregard their health and the fact that they saw a man get completely obliterated by a train and were injured by his body parts.[/QUOTE] Yeheah! Fuck that dumb cunt! Hahah! teach someone to make a mistake hahaha! Show that dumb cunt what you get for being retarded and having an accident! Make his family suffer for something he already got punished for by nature! ahhah!
this sounds like a comedy skit.
[QUOTE=Drsalvador;33954817]Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol![/QUOTE] Dude its a hard case, I mean honestly, the guy is at fault for what happened because he was putting himself into danger, and I can say that this lawsuit actually makes sense, but you have to be FUCKED UP to do something like this, its fucking disgusting.
[QUOTE=Clementine;33954921]Dude its a hard case, I mean honestly, the guy is at fault for what happened because he was putting himself into danger, and I can say that this lawsuit actually makes sense, but you have to be FUCKED UP to do something like this, its fucking disgusting.[/QUOTE] Yeah. I bet he really intended to have his body fly 100 feet and hit a woman. Are you mentally defunct? He had an accident, And paid for it with his life, Why should his family suffer for it?
[QUOTE=Drsalvador;33954817]Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol![/QUOTE] [quote]A large portion of his body was thrown about 100 feet on to the southbound platform, where it struck Gayane Zokhrabov, then 58, who was waiting to catch the 8:17 a.m. train to work. She was knocked to the ground, her leg and wrist broken and her shoulder injured.[/quote] Two broken bones can be a quite serious injury for somebody at age of 58, and considering she goes to work by train, at that age, she's probably not exactly loaded. What if SHE needs to pay her insurance, and perhaps owes for the treatment she got after the injury? What if she relies on her income, and inability to work got her into financial problems? What if SHE has family, and Timmy who needs a college fund? The guy WAS responsible for her injuries, and although this is sad and everything, she has no reason to suck it up, when he, although already dead, is the only one to blame.
Do people even read the OP anymore?
[QUOTE=Drsalvador;33954817]Alright then i guess all the money his life insurance gave his family will have to go to some prissy stuck up bitch who thinks that just because a body hit her and injured her, It's totally a sane, rational thing to go sue his family for hundreds of thousands of dollars! Fuck little timmy's college fund! ahAHahah! Show that dumb cunt to wander onto the train tracks! Yeah what a fag lol![/QUOTE] And here we go with the sexist, derogatory rants attacking the victim with absolutely no evidence to back the claims up. Maybe she just sued for medical compensation. People sue for more than money, you know.
[QUOTE=Awesomecaek;33954936]Two broken bones can be a quite serious injury for somebody at age of 58, and considering she goes to work by train, at that age, she's probably not exactly loaded. What if SHE needs to pay her insurance, and perhaps owes for the treatment she got after the injury? What if she relies on her income, and inability to work got her into financial problems? What if SHE has family, and Timmy who needs a college fund? The guy WAS responsible for her injuries, and although this is sad and everything, she has no reason to suck it up, when he, although already dead, is the only one to blame.[/QUOTE] He was pulverized by a fucking train. Hasn't he taken enough punishment for his actions?
[QUOTE=Drsalvador;33954933]Yeah. I bet he really intended to have his body fly 100 feet and hit a woman. Are you mentally defunct? He had an accident, And paid for it with his life, Why should his family suffer for it?[/QUOTE] Even if you die in a car accident which you cause, and others get harmed, you are still considered to be the offender and for example the insurance and such are dealt with according to that. Death doesn't change anything. It doesn't reset what you did, and things you should owe you still owe, or better, they become your "inheritance" to whoever gets the rest of your shit. [editline]29th December 2011[/editline] [QUOTE=Drsalvador;33954955]He was pulverized by a fucking train. Hasn't he taken enough punishment for his actions?[/QUOTE] This isn't about fucking punishment. Justice shouldn't be about punishment, 90% of time. It's about decreasing the impact of his fuckup on people who had no responsibility for it.
[QUOTE=Drsalvador;33954933]Yeah. I bet he really intended to have his body fly 100 feet and hit a woman. Are you mentally defunct? He had an accident, And paid for it with his life, Why should his family suffer for it?[/QUOTE] I think you missed the point of my post, but if you want to be aggressive about your point go for it, not my credibility being tarnished.
She can't sue the deceased for something he had no control over, she's not allowed to. Instead of getting dosh for her sheer cheek, she should get slapped round the face with a half-rotten disembodied arm, and be forced to accept that getting hit by the detached giblets of a broken man is nothing more than an unfortunate accident, and no-one does ANY litigation. I over-reacted with the "heartless bitch" part, since it's understandable for her to want compensation for injury, but nonetheless litigation against the deceased is practically grave-robbing.
[QUOTE]"If you do something as stupid as this guy did, you have to be responsible for what comes from it," she said.[/QUOTE] That's a wonderful concept, however, he's [I]fucking dead.[/I] [QUOTE=HolyCrusade;33954884]She could have just sued for the medical bills, you have no idea.[/QUOTE] I'm sure she has medical insurance that would cover the extremely minor damage caused by a piece of meat slapping into you. And yes, that's "minor damage", a broken leg isn't that big of a deal, you sit out a while, you get worker's comp or work from home, and you're right as rain in a little while. That she got wounded is unfortunate, but it was an [I]accident.[/I] I'm also sure that the life insurance payout for a person annihilated via train is pretty substantial, and that the asshat just wanted a chunk of it.
Fuck that bitch, i think she should give all her money to the family for being such a little bitch.
[QUOTE=ironman17;33955012]What a heartless-sounding bitch. She can't sue the deceased for something he had no control over, she's not allowed to. Instead of getting dosh for her sheer cheek, she should get slapped round the face with a half-rotten disembodied arm, and be forced to accept that getting hit by the detached giblets of a broken man is nothing more than an unfortunate accident, and no-one does ANY litigation.[/QUOTE] This.
[QUOTE=Drsalvador;33954955]He was pulverized by a fucking train. Hasn't he taken enough punishment for his actions?[/QUOTE] [b]HES FUCKING DEAD.[/b] Meanwhile an innocent woman (described by you as a " prissy stuck up bitch" and a "dumb cunt") has to deal with broken bones, and the psycological trauma of being struck by someone elses half-dismembered body. [quote=Xenocidebot;33955013]That's a wonderful concept, however, he's [I]fucking dead.[/I] I'm sure she has medical insurance that would cover the extremely minor damage caused by a piece of meat slapping into you. And yes, that's "minor damage", a broken leg isn't that big of a deal, you sit out a while, you get worker's comp or work from home, and you're right as rain in a little while. That she got wounded is unfortunate, but it was an [I]accident.[/I] I'm also sure that the life insurance payout for a person annihilated via train is pretty substantial, and that the asshat just wanted a chunk of it.[/QUOTE] And what about the psycological trauma of being seriously injured by a half-dismembered body that came flying at you, covering you in blood and guts and shit? I can't speak for every plan, but my health insurence only coveres a certain number of sessions with therapists. I'd imagine she would need more than four or five sessions a month to recover from that aspect of her injuries. Making things up to shift the story, eh? You have no idea if she worked for a huge company with amazing medical coverage or the McDonalds down the street. You have no idea what kinds of health conditions she may have had, or how serious her injuries were. Given her age, one broken bone could have very easily caused a host of other conditions. Stop assuming these things to be true.
It sounds like something out of Saints Row: The Third
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