Wow. Beyond bizarre.....

 

IL: Death of Man Struck by Train Leads to 'Bizarre' Civil Case

BY STEVE SCHMADEKE, CHICAGO TRIBUNE

Created: December 29, 2011

 

Dec. 29--Ruling in what it called a "tragically bizarre" case, an appeals court found that the estate of a man killed by a train while crossing the Edgebrook Metra station tracks can be held liable after a part of his body sent airborne by the collision struck and injured a bystander.

 

In 2008, Hiroyuki Joho, 18, was hurrying in pouring rain with an umbrella over his head, trying to catch an inbound Metra train due to arrive in about five minutes when he was struck by a southbound Amtrak train traveling more than 70 mph.

 

A large portion of his body was thrown about 100 feet on to the southbound platform, where it struck Gayane Zokhrabov, then 58, who was waiting to catch the 8:17 a.m. train to work. She was knocked to the ground, her leg and wrist broken and her shoulder injured.

 

READ MORE AT:

http://www.masstransitmag.com/news/10577383/il-death-of-man-struck-by-train-leads-to-bizarre-civil-case

Weird.... but the legal analysis is correct.  It wasn't her fault her leg was broken.  It wasn't Amtrak's fault.  It was the victim's fault for not using ordinary care to cross those tracks under the circumstances.  His negligence was the proximate cause of her injuries and his estate (whatever is in it) can be held liable for her damages.

DO NOT CROSS TRACKS - | - DO NOT CROSS TRACKS.  What do people not understand about NOT CROSSING THE TRACKS.

 

Wire and signage don't seem to stop people from doing this.

 

For some people, the train itself is the only effective deterrent.

 

If Joho had instead chosen to crash his car at 100+ miles per hour, and a wheel flew off and struck the woman, then perhaps his liability would be more apparent.