[DiamondSmiles]

January 5, 2012 Chicago, IL -

During a rainstorm in 2008, Hiroyuki Joho, 18, was trying to catch a train. While hurrying towards the platform with an umbrella shielding him from the rain, he made the literally fatal mistake of stepping into the path of an oncoming Amtrak express train.

The teen’s mother Jeung-Hee Park, had reportedly left Joho, a high school student, at the station that morning. It is believed that he thought that the approaching train was his local train and that he expected it to slow down. Joho crossed over the tracks using the pedestrian crossing which put him in the path of the train.

Joho’s train, in fact, had been delayed by the bad weather and overtaken by the Amtrak express. That train, traveling at close to 70mph, did not slow down. Joho was reportedly ‘shredded’ on impact.

Gayane Zokhrabov, 58, a commuter waiting on the platform was hit by a ‘sizeable portion of Joho’s body.’ The impact – which occured after a portion of Joho’s torso had traveled almost 100 feet through the air – was reported to have knocked her to the ground, breaking her leg and wrist and injuring her shoulder.

Zokhrabov subsequently filed a lawsuit against the boy’s estate seeking compensation for her injuries. A Cook County court judge reviewing the case dismissed it, ruling that Joho could not possibly have anticipated Zokhrabov’s injuries. Lawyer Leslie Rosen, handling Zokhrabov’s appeal, disagreed.

“If you do something as stupid as this guy did, you have to be responsible for what comes from it,” Rosen said.

On appeal, the court agreed. Calling it a ‘tragically bizarre’ case, the appeals court found that ‘it was reasonably foreseeable’ that the high-speed train would kill the teen and hurl his body toward a platform where people were waiting.

So, instead of the teen’s raining body parts considered as being part of the storm, if you will… the court found that they were, in effect, the result of tacit neglegence.

Incidentally, the mother of the teen had filed her own lawsuit against Metra and the Canadian Pacific Railway saying both entities were negligent because Joho had no warning that what he thought was his Metra train was actually an express Amtrak train. The judge in that case 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.

So… the bottle has stopped spinning and the family ends up being the only one that get sued.

[thissiteisfuckedup]

how pathetic.

[Faline]

Some people will sue over anything

[Steve]

Dumb shit should have opened his bloody eyeballs, I bet it was spectacular to watch though.

[mcpronoun]

Wow..... seriously.... !

[ices]

I agree and disagree about this part; "The judge in that case found that the railroads had no duty to warn about such an “open and obvious danger” as a moving train" part.

Warnings are required and for the sake of peoples own stupidity, it must be made harder for them to get across railway tracks before a train is likely to come.

If you are slowed down to a point where the train is easily on top of you before you reach the tracks, you might have second thoughts and you effectively save your own life.

[Pyramid_Head]

That woman should be ashamed of herself for suing. They just lost their son and now you're going to sue them for his body parts injuring you?

[collaredgirl65]

[tiger1659]

That's bullshit. Who would sue over something like that? Oh wait, that bitch would. I think the kid would have loved to come out of it with a broken wrist.....just sayin'

[Sharon]

Fucking sick bitch, fuck off That boy's poor family have had their son tragically taken from them and they do not need to hear some silly old bint whining about her non-fatal injuries that will heal, and she'll live on.