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Really? This Is a Legitimate Lawsuit?

26 Jan

“The first thing we do, let’s kill all the lawyers.”  From Shakespeare’s Henry The Sixth

Old William was on to something there. Case in point:

Back in 2008, in Chicago, 18 year-old Hiroyuki Joho was rushing through a pouring rain to catch a train. He didn’t make it. Somehow he stepped into the path of an Amtrak clocking 70 mph. Not a pretty sight. Apparently a chunk of his torso flew a hundred feet and struck 58 year-old Gayane Zokhrabov, fracturing her leg and wrist and injuring her shoulder. Joho’s mother filed a suit against the Canadian Pacific Railway, claiming that they were negligent for not warning Joho that his Metra train was actually as Amtrak express. Okay, maybe she has a case, maybe not.

Zokhrabov then filed a civil suit against the estate of the splattered Joho, but it was tossed by a Cook County judge, who reasonably asserted that Joho could not have anticipated Zokhrabov’s injuries. You think? But now an appeals court has reinstated the case, stating “it was reasonably foreseeable” that a high speed train could kill him, shatter his body, and that his body parts could then harm someone else. I’m sure that’s exactly what he was thinking about as he raced to catch his rain.

I wonder if THIS tragic, bizarre, and, of course, accidental and unforeseeable case will lead to a lawsuit against the other driver’s estate/family or maybe the deer herd.

Whatever happened to common sense?

 
7 Comments

Posted by on January 26, 2012 in Interesting Cases, Trauma

 

7 responses to “Really? This Is a Legitimate Lawsuit?

  1. Laura Mitchell

    January 26, 2012 at 9:45 am

    OMG! We really ARE a litigious society. Of course it’s “reasonably foreseeable” that a high speed train is going to pulverize anything in its path. That falls into the “duh” category. The appeals court makes it sound like the poor guy did it on purpose. And the lady who is suing for her injuries may (and I use that term advisedly) have a legal case, but I have to wonder about her moral compass. This was an accident, for goodness sake!

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  2. D. D. Syrdal

    January 26, 2012 at 10:15 am

    I heard about this. And you know, these days, it doesn’t surprise me. Not that I condone this idiot woman’s attempt to lay her hands on some money. Why do people think they have a right to sue for everything that happens in life that’s not to their liking? Life has never been a safe place.

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  3. Amy Corwin

    January 26, 2012 at 12:06 pm

    Common sense? Really?
    You can’t honestly say you think anyone has common sense anymore, can you?

    The fact that a theoretically intelligent judge would even consider this should tell you something.

    There is no such thing as common sense anymore. It’s all about your ability to get your hands on someone else’s money.

    Wow, that sounded bad, didn’t it? But these kinds of things make the top of my head pop off.
    I’m totally with Shakespeare on this one, except judges should be first.

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  4. Patrick Jones

    January 27, 2012 at 4:21 am

    What happened was certainly tragic,and the young mans death unfortunate as was the injuries to the lady but first, as was previously stated, I doubt that getting killed was high on the victim’s mind, anymore than being struck by body parts was on the other victim’s mind. The argument could be made that the second victim should reasonably thought that the possibility exsisted that some unforseen accident COULD happen thus she should not have been standing where she might be struck by flying body parts.
    Now saying all that, I wonder IF we have all the evidence needed in this case for an appeals court to reinstate the case?

    I do wonder just HOW LARGE an eighteen year old’s estate might be?

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  5. John E. Bredehoft

    January 28, 2012 at 6:28 pm

    The Tribune article doesn’t specifically say this, but I wonder if Zokhrabov’s suit was against multiple parties, including the various train companies involved?

    Or perhaps it was solely against the estate of the dead man. Leslie Rosen’s statement suggest this: “If you do something as stupid as this guy did, you have to be responsible for what comes from it.”

    Of course, if you’re going to claim something like this, you also have to note that Joho was not in complete command of his faculties, or anything else, at the time Zokhrabov was hit…

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  6. Diana Hockley

    January 28, 2012 at 10:35 pm

    The mind boggles! IMO, there is NO case to answer and the idiot should be thankful it wasn’t HER who was killed.

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  7. journeyofjordannaeast

    February 2, 2012 at 5:25 pm

    As tragic as this particular story is, I love hearing about lawsuits like these. They amuse the hell outta me.

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