Family of Queens man shoved onto subway tracks sues the TA for negligence

[IntExp]

 

Family of Queens man Ki Suck Han, killed after he was pushed on subway tracks, sues the Transit Authority for negligence 

 

Han's family claims the Q Train motorman failed “to make timely and adequate use of the brakes" by not stopping in time. FRIDAY, MARCH 29, 2013, 4:13 PM

 

BY BARBARA ROSS AND CORKY SIEMASZKO / NEW YORK DAILY NEWS

 

The family of a Queens man who was killed after a psycho pushed him into the subway tracks is suing the Transit Authority for negligence.

 

Ki Suck Han was crushed in December when the motorman at the controls of the Q train pulling into the 49th St. station failed “to make timely and adequate use of the brakes,” the suit charges.

 

And Han’s last moments were horrific as the train bore down on him.

 

 

Han “suffered from fear of impending death” before he died, the suit filed in Manhattan Supreme Court states.

 

 

TA personnel also failed “to respond in a timely manner” after Han was run over.

 

“Ki Suck Han sustained severe injuries including but not limited to blunt impact to the head and crush injuries of the head and torso resulting in death,” the suit states.

Han’s fatal injuries “were due solely to the negligence and carelessness” of the TA, the suit charges.

 

 

 

The dead man’s daughter, Ashley Han, who is executor of Han’s estate, is seeking to be reimbursed for the funeral costs — and an unspecified damages.

 

There is no mention in the lawsuit of Naeem Davis, the 30-year-old Times Square drifter, who was charged with killing Han and who has an April 25 court date.

 

Davis told cops he lost his cool and pushed Han because he still seething that somebody else had trashed his Timberland boots two days earlier.

 

Han was in the wrong place “at the wrong time,” Davis said.

 

 

Read more: http://www.nydailynews.com/new-york/family-queens-man-crushed-train-sues-mta-article-1.1302810#ixzz2P3dzBpCM

[Via Garibaldi 8]

Not surprised about this and not shocked that they aren't going after the person responsible for shoving Han onto the tracks.

[46Dover]

This makes me sick. Kind of like aiming for the toilet and missing completely. Sure, just sue transit because it's not understood trains do not stop on a dime.

[Culver]

Of course. I feel for their loss, but this lawsuit is a f**king joke. Every time the gets sued for shit like this.

[alekr]

They shouldn't sue the MTA. The operator did everything he could to stop the train.

 

Why couldn't they sue the NY Post Photographer who did nothing but flashed the camera several times and the photo splashed on the NY Post.

[Quill Depot]

Yes yes, you can stop a train that weighs tons in a second.

[TripleRTO]

My condolences go out to Mr Han his family and to the T/O who had to go through this but this is just a (excuse my french) bullshit suit. In the videos you can clearly hear the man telling Mr Han to explicitly leave him "The fu** alone" so it's obvious that he's partly at fault, it's (obviously) not ok to push people onto train tracks but he damn sure wasn't 100% innocent and this story really pisses me off.

[DJ MC]

I feel bad for the family for their loss, but do they seriously think suing the MTA for an unspecified amount of money will bring back the deceased? You can't stop a train on a dime. This is something we all have been told at some point as a kid. They should be going after the person that shoved their loved one onto the tracks, not someone that had nothing to do with it.

[Culver]

I feel bad for the family for their loss, but do they seriously think suing the MTA for an unspecified amount of money will bring back the deceased? You can't stop a train on a dime. This is something we all have been told at some point as a kid. They should be going after the person that shoved their loved one onto the tracks, not someone that had nothing to do with it.

It's pretty low on their part. This is nothing but a money grab. A family member died so they're suing to get free money.

[N4 Via Merrick Rd]

What people don't realize is that it ain't easy to stop a train like it is to stop a car by slamming the brakes

[Guest MTA Bus]

This is bullcrap. Trains can't stop on the drop of a dime. They just want to blame somebody for this.

[BM5 via Woodhaven]

Today's logic. You sue the MTA instead of suing the person that caused this mess.

[TripleRTO]

Today's logic. You sue the MTA instead of suing the person that caused this mess.

But Mr Han was partly at fault he should've left the man alone after the initial warning and moved to another side of the platform, but yea thats todays logic for ya!

[46Dover]

I can only hope this crap suit gets laughed at first then thrown away like yesterday's trash

[YankeesPwnMets]

Somebody please give their lawyer and the entire family a refresh on basic regents level Physics....

A single R160 car is about 38600 kg. Multiply that by 10 and you get 386000 kg for a 10 car train. Add on a couple thousand more kilos to account for the weight of everybody on board, and we'll just say thats around 390000 kg total. We'll also assume the train was traveling around 20mph, or 8.94 m/s. The formula for momentum is p=mv, or p=mass x velocity. Multiply 390000kg by 8.94m/s and you get 3.486,600 kg-m/s.

 

In other words, for those who lack any sort of scientific literacy (eg. the family and their lawyer,) that is a LOT of momentum. You aren't going to stop a 400+ ton train in an instant. I'm sorry, but anybody who has any sort of common sense would know this. Unfortunately, the family is just going to sue to get their free millions and completely overlook the fact that the basic principles of physics tells us there is nothing the motorman could have done. I hope the judge immediately throws out the lawsuit.

 

There should be a penalty for wasting the court's time with frivolous lawsuits

[Jdog14]

This doesn't make type of sense at all. How is the MTA negligent for not being able to stop tons of steel within seconds of crushing someone?

[alejr88]

A train is way heavier than a tractor trailer truck, it is not going to stop on a dime compared to a car. I can't blame the T/O but I feel sorry for him for what he had to go through. This is probably some crooked lawyer that approached the victim's family trying to get big bucks from the MTA and making things worse..

[4P3607]

You've gotta be kidding me... Its the stupid stuff like this that contributes to higher fares and cuts in service. 

 

(Am I the only one who did not use the saying "stop on a dime"?)

[QM1to6Ave]

ONce again, faith in humanity is lost. People are despicable, 

[mtattrain]

Ahuh ahuh ahuh.

[qjtransitmaster]

ONce again, faith in humanity is lost. People are despicable, 

why bother having faith in humanity from the beginning? If human stupidity was a GOD not even the great jehovah/allah/god would have a chance facing this evil that is human stupidity.

 

The only thing more limitless than god's wrath is HUMAN STUPIDITY!!!!!! Not even god can top that.

 

ONCE AGAIN please why have faith in humanity to begin with you will only get disappointed over and over again.

[Threxx]

This makes me sick. That T/O did his best to stop that train and save his life, but physics are physics. Also, if that dumbass photographer wasn't flashing his camera in the T/O's face, he probably would have seen him and may have been able to stop. They should sue him and the NY Post, not the T/A.

 

Faith in humanity officially destroyed.

Somebody please give their lawyer and the entire family a refresh on basic regents level Physics....

A single R160 car is about 38600 kg. Multiply that by 10 and you get 386000 kg for a 10 car train. Add on a couple thousand more kilos to account for the weight of everybody on board, and we'll just say thats around 390000 kg total. We'll also assume the train was traveling around 20mph, or 8.94 m/s. The formula for momentum is p=mv, or p=mass x velocity. Multiply 390000kg by 8.94m/s and you get 3.486,600 kg-m/s.

 

In other words, for those who lack any sort of scientific literacy (eg. the family and their lawyer,) that is a LOT of momentum. You aren't going to stop a 400+ ton train in an instant. I'm sorry, but anybody who has any sort of common sense would know this. Unfortunately, the family is just going to sue to get their free millions and completely overlook the fact that the basic principles of physics tells us there is nothing the motorman could have done. I hope the judge immediately throws out the lawsuit.

 

There should be a penalty for wasting the court's time with frivolous lawsuits

 

Thumbsed down this post by accident...

[YankeesPwnMets]

^No problem Threxx

[checkmatechamp13]

This makes me sick. Kind of like aiming for the toilet and missing completely. Sure, just sue transit because it's not understood trains do not stop on a dime.

 

Well, it's the same reason robbers rob banks: That's where the money is.

 

The person responsible is the homeless guy who threw him onto the tracks. Obviously, you're not going to get a big payout from the homeless guy, so who can you go after? In this day and age, where everybody's quick to file a lawsuit, people will find any excuse to hold the MTA (or any large company/agency) liable.

[MHV9218]

Does this really surprise anybody anymore? Sure, pisses me the hell off, but is this really a shock to anybody? People trying to capitalize on a death to make a buck? That's been going on long before there was any MTA, or any subway, or any New York...