Zokhrabov v. Park 

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2011 IL App (1st) 102672
Decision Date: 
Friday, December 23, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
McBRIDE
(Court opinion corrected 1/3/12.) Train passenger was injured when she was struck by man whose body was propelled into air, and struck Plaintiff on platform, after he stepped into path of oncoming train. Court improperly granted summary judgment for decedent's estate Decedent acted without due regard for his own person and self-preservation, and it was reasonably foreseeable that train would strike, kill, and fling his body down tracks and onto platform where Plaintiff was awaiting next train. Court erred in finding that decedent owed Plaintiff no duty of care. (QUINN and R. GORDON, concurring.)