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    Man killed by train can be sued over bystander's injuries - Forum

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    Forum moderator: arya, dethalternate 
    Forum » untoten.reich » World News » Man killed by train can be sued over bystander's injuries
    Man killed by train can be sued over bystander's injuries
    archmageDate: Wednesday, 04-January-2012, 6:48 PM | Message # 1
    -- dragon lord--
    Group: lords
    Messages: 3152
    Status: Offline
    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.

    By Steve Schmadeke, Chicago Tribune

    December 29, 2011
    Reporting from Chicago—
    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.


    untotenawake
    Full article/source - http://www.latimes.com/news....7.story
     
    Forum » untoten.reich » World News » Man killed by train can be sued over bystander's injuries
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