An Illinois appeals court has sided with female who was injured by airborne body pieces. The court claims she can proceed with the "gory and creepy" civil case. She will be able to sue the male whose tragic death caused her injuries. Source of article: A 'gory and creepy' lawsuit in Illinois

Accident broke a leg

The incident happened on a morning in 2008 at the Edgebrook Metra commuter train station in Chicago. It was a rainy morning, and Hiroyuki Joho, an 18-year-old commuter, was not looking where he going as he shielded himself from the rain with his umbrella. He stepped in front of a speeding Amtrak train that was going in excess of 70 mph. Several witnesses reported that Joho was smiling as the train smacked him.

Gayane Zokhrabov was fifty eight when the accident occurred. She ended up with a hurt shoulder, busted leg and broken wrist just a hundred feet away. This was because she was knocked over by a “body part.”

Judge did not want to hear it

Joho’s estate had to deal with a lawsuit from Zokhrabov. A Cook County judge said that Joho could not have controlled the actions and threw the suit out.

A quarrel

She was able to get a different ruling from a state appeals court. The court compared the situation to a train engineer knowing he could hurt a passenger by putting on the brakes. Just like that, Joho should have recognized that he could hurt by standards by jumping in front of a speeding train.

Zokhrabov’s lawyer was Leslie Rosen. She said that this was a “very peculiar and gory and creepy” case. She also explained that Joho was negligent:

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

Lawsuit of railroad

Another lawsuit came from this horrible incident. Joho’s mother, Jeung-Hee Park, said that the Metra and Canadian Pacific Railway should have announced the train delay. She said that her son only stepped in front of the train due to the delay. The judge said that the railroad does not need to warn passengers of the delays all the time and dismissed the case. The case will be appealed to the Illinois appellate court, as reported by Park’s lawyer, Keith Davidson, who spoke with the Chicago Tribune.

Sources

Gawker: http://gawker.com/5871847/man-killed-in-train-accident-sued-by-woman-his...

Los Angeles Times: http://www.latimes.com/news/nationworld/nation/la-na-train-death-lawsuit...

US News and World Report: http://usnews.msnbc.msn.com/_news/2011/12/29/9804789-suit-over-injury-fr...