Was that an arm or a leg?

[tommymac]

Originally Posted by Papa_Complex

They bear no fault in the stupidity of another.



So you think that people should pay for the mistakes of others? How unconservative of you.

Neither did mcdonalds but when that lady spilled coffee on herself they had to pay. I think fo rme I am just so sick of stuff ALWYS being someone elses fault and someone else has t bear the responsibility. I know this is a little different but you could also argue maybe the lady shouldnt have been standing where she was or been more alert to her surroundings.

[pauldun170]

Hiroyuki Joho, 18, shielding himself from pouring rain with an umbrella over his head, was hurrying to catch an inbound Metra train when he was struck by an southbound Amtrak train going more than 70 mph, the Tribune said.

Joho's mother, the Tribune said, sued Metra and Canadian Pacific Railway, claiming they were negligent by not announcing a Metra delay, which led to Joho's accident when he mistook which train was his.

The impact sent a large portion of his body flying 100 feet into Gayane Zokhrabov, then 58, who was waiting on the southbound train platform, the Tribune said. Joho's body part knocked Zokhrabov to the floor, breaking her leg and wrist and injuring her shoulder.

Zokhrabov sued Joho's estate

Of the two lawsuits, Joho's mother suit comes across as frivolous.
I haven't seen the details on the Zokhrabov lawsuit and what she is asking for so I'm not going to pass judgement on it. For all I know she is suing for some medical costs not covered by her own insurance. His negligence lead to her injury. How the fuck did he cross the tracks if trains were coming?

[Trip]

Don't see any issue with this, kid did something stupid and hurt someone else. Whatever money the kid had should pay to fix the lady back up. Dipshit kid is dipshit.

[pauldun170]

http://www.state.il.us/court/OPINION...er/1102672.pdf

[Papa_Complex]

Originally Posted by tommymac

Neither did mcdonalds but when that lady spilled coffee on herself they had to pay. I think fo rme I am just so sick of stuff ALWYS being someone elses fault and someone else has t bear the responsibility. I know this is a little different but you could also argue maybe the lady shouldnt have been standing where she was or been more alert to her surroundings.

People always mention the McDonald's case

Funny thing is that the McDonald's case was legitimate. I've read about it, extensively. The fact that she sued her mother and the car manufacturer aside McDonald's had been put on notice, multiple times and in multiple jurisdictions, that they were serving their coffee too hot. They persisted. She sued. She won.

So the woman at the train station should have been "more aware of her surroundings"? I don't know about you but I'm generally not expecting body parts to get lobbed at me, while I'm waiting for a train. You can't blame the victim, of someone else's stupidity. She bore no responsibility, in the matter, but did receive injury.

[pauldun170]

Originally Posted by Papa_Complex

So the woman at the train station should have been "more aware of her surroundings"? I don't know about you but I'm generally not expecting body parts to get lobbed at me, while I'm waiting for a train. You can't blame the victim, of someone else's stupidity. She bore no responsibility, in the matter, but did receive injury.

you sir have not ridden NYC subway system

[Papa_Complex]

Originally Posted by pauldun170

you sir have not ridden NYC subway system

That's where people push you at trains, not vise-versa.

[Rangerscott]

Im with ya papa.

[Papa_Complex]

Originally Posted by Rangerscott

Im with ya papa.

It's an ER thing.

[azoomm]

Originally Posted by Papa_Complex

People always mention the McDonald's case

Funny thing is that the McDonald's case was legitimate. I've read about it, extensively. The fact that she sued her mother and the car manufacturer aside McDonald's had been put on notice, multiple times and in multiple jurisdictions, that they were serving their coffee too hot. They persisted. She sued. She won.

So the woman at the train station should have been "more aware of her surroundings"? I don't know about you but I'm generally not expecting body parts to get lobbed at me, while I'm waiting for a train. You can't blame the victim, of someone else's stupidity. She bore no responsibility, in the matter, but did receive injury.

Thank you.

I really don't like it when people throw the McDonald's case out there. That was a legitimate claim that the media has gone crazy with. I'm sure McDonald's had nothing to do with that spin doctor...

So, according to the ruling with opinion;

"...When Zokhrabov motioned for partial summary judgment as to proximate
causation, Park cross-motioned for summary judgment on the ground that her son owed no actionable duty to Zokhrabov, and the court ruled in Park’s favor. Zokhrabov appeals. She contends the trial court recognized the governing principles of law, but failed to apply them correctly..."

blah... blah... blah...


"¶ 22 We, therefore, find that the trial judge erred in holding that the defendant owed the plaintiff no duty of care. We reverse the entry of summary judgment as to duty and remand Zokhrabov's case for further proceedings. We express no opinion regarding the additional elements of her negligence action, including breach, proximate causation, and damages, which
are issues usually decided by a jury. Belton v. Forest Preserve District of Cook County, 407 Ill. App. 3d 409, 414, 943 N.E.2d 221, 226 (2011).
¶ 23 Reversed and remanded.on..."

It was originally tossed and now reversed in appeals and final judgement is pending?

Oh, and she was hit in the back by a body that was flying fast enough to go over 100 feet onto that platform. In the back, by a back...