Bob Walsh says the train that hit the idiot was doing 70 mph and ‘it kind of shredded him.’
DEAD MAN’S ESTATE SUED FOR DAMAGES CAUSED BY HIS FLYING BODY PARTS
By Mitch Kowalski
Financial Post
January 3, 2012
When people do really dumb things that result in their own deaths, the buck does not stop with the dead.
The Chicago Tribune reports on the decision by an Illinois Appeals Court that the estate of a man hit by a train can be held liable for damages caused when parts of his body are flung down the track.
In 2008, Hiroyuki Joho decided to run across train tracks to reach the station platform for a northbound commuter train into Chicago. He failed to look while crossing and was struck by a southbound train. His body parts were tossed over 100 feet and struck Gayane Zokhrabov who was waiting on the southbound platform to catch another train. Mr. Joho’s flying body parts broke Ms. Zokhrabov’s wrist and leg. Her shoulder was also injured.
The court of first instance ruled that Mr. Joho’s estate could not be held liable for Ms. Zokhrabov’s injuries as Mr. Joho would not have anticipated that his body would cause damage when struck by the train.
An Appeals Court has now over-turned that decision.
As Leslie Rosen, Ms. Zokhrabov’s lawyer, told the Tribune, ”If you do something as stupid as this guy did, you have to be responsible for what comes from it.”
Mr. Joho’s estate is now appealing to the Illinois Supreme Court.
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