In 2008, Hiroyuki Joho, 18, was struck and killed by an oncoming train traveling at 73 mph when he attempted to cross the tracks while it was raining heavily.
The resulting collision caused a large portion of his body to be thrown about 100 feet onto the southbound platform injuring Gayane Zokhrabrov, then 58. Zokhrabov suffered a broken leg and wrist as a result of the incident.
Subsequently, Zokhrabov filed a lawsuit against Joho's estate seeking damages. A Cook County Judge dismissed the lawsuit finding that Joho could not have anticipated Zokhrabov's injuries, calling the incident "tragically bizarre" (Zokhrabrov v. Park, 2011).
However, Illinois' 5th division of the 1st district Court of Appeals reversed the lower court's decisions, ruling that Joho "owed a duty of care to Zokhrabov as he approached and entered the active Edgebrook station and she stood down the tracks in the waiting area designated for intended passengers”(Zokhrabov v. Park, 2011).
Also, the court found that "it was reasonably foreseeable that the onrushing Amtrak train would strike, kill, and fling his body down the tracks and onto the passenger platform where Zokhrabov was waiting..."
This court was wrong in its decision to find that Joho could "reasonably foresee" that a large section is body could 1) be so greatly propelled and 2) propelled in the exact direction of Zokhrabov.
As a result of the court's ruling, the young man's parents are now financially liable for any compensatory or punitive damages awarded to Zokhrabov. Hiroyuki Joho's parents are already grieving at the sudden loss of their son, and do not deserve to be punished for something that they are not responsible for.
This petition is demanding that the Illinois State Supreme Court take up this case and strike down the Appellate Court's decision so that Hiroyuki's parents are not left liable for their son's sad and unfortunate mistake.
Hiroyuki would have had a hard time seeing the oncoming train partly due to the heavy rain, and even if he hadn't had a hard time seeing, his parents shouldn't be held responsible for the injuries to Zokhrabov.
Lastly, this case sets a unreasonable precedent on cases of negligence resulting in death, and allows for unreasonable suits to be brought against the grief-stricken families who in no way are responsible for mistakes such as this.