Zokhrabov v. Park
Illinois Appellate Court
963 N.E.2d 1035 (2011)
- Written by Liz Nakamura, JD
Facts
Hiroyuki Joho was hit by an Amtrak train while crossing the tracks at the train station’s marked pedestrian crossing. The accident occurred on a rainy morning, and witnesses disagreed about whether Joho saw either the oncoming train or the flashing signal lights at the crosswalk warning about the oncoming train. Because the train was not scheduled to stop at the station, it struck Joho at travel speed. When Joho was hit, a large piece of his body was flung 100 feet into the air and hit Gayane Zokhrabov (plaintiff) where she was standing on the train platform. Zokhrabov was knocked to the ground and sustained several significant injuries. Zokhrabov sued Joho’s estate, arguing that Joho owed her a duty of care and that Joho had breached that duty of care by negligently failing to check for, or yield to, the oncoming Amtrak train. Joho’s mother, Jeung-Hee Park (defendant), defended Joho’s estate. Park moved for summary judgment, arguing that Joho did not owe Zokhrabov an actionable duty of care. The trial court ruled for Park, holding that Zokhrabov’s injuries were not a reasonably foreseeable result of Joho being struck by the Amtrak train. Zokhrabov appealed.
Rule of Law
Issue
Holding and Reasoning (McBride, J.)
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