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Saturday, December 31, 2011

He was killed in train accident but he still could be sued…


He was killed in train accident but he still could be sued…

A teenager who was killed by a train in 2008, can be held responsible for the injuries that his flying body parts caused a woman, an American court has ruled.

Hiroyuki Joho, 18, was running to a train in the pouring rain with an umbrella when he was struck by a train travelling at more than 70mph (112kmh).

A large portion of his body flew about 30 metres on to the southbound platform, striking Gayane Zokhrabov, then 58.

She was knocked to the ground, and broke her leg and wrist and injured her shoulder.

A Cook Country judge dismissed Zokhrabov's lawsuit on the grounds Joho could not have anticipated the injuries his flying body parts would have caused.

But, the appeal court disagreed. It argued "it was reasonably foreseeable" the train would kill the teen and fling his body towards waiting passengers.

Leslie Rosen handled Zokhrabov's appeal and said while the case was "very peculiar and gory and creepy" it was straightforward negligence.

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

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